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European Union – Trade marks. The applicant sought the annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (the Board), upholding the Opposition Division's rejection of its opposition to the registration of the intervener company's mark. The General Court of the European Union, in dismissing the action, held that the Board incorrectly concluded there was no proof that an earlier mark enjoyed a reputation, but absent any link between the marks, the use of the mark applied for was not likely to take unfair advantage of or be detrimental to the distinct character or the repute of the earlier mark.
European Union – Trade marks. The applicant sought the annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (the Board), upholding the Opposition Division's rejection of its opposition to the registration of the intervener company's mark. The General Court of the European Union, in dismissing the action, held that the Board incorrectly concluded there was no proof that an earlier mark enjoyed a reputation, but absent any link between the marks, the use of the mark applied for was not likely to take unfair advantage of or be detrimental to the distinct character or the repute of the earlier mark.
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