Judgment of the General Court (Sixth Chamber) of 3 March 2016 —
Ugly v OHIM — Group Lottuss (COYOTE UGLY)
(Case T‑778/14)
Community trade mark — Opposition proceedings — Application for the Community word mark COYOTE UGLY — Relative grounds for refusal — Revocation of the earlier Community word mark — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 — No non-registered mark — Article 8(4) of Regulation No 207/2009 — No well-known mark within the meaning of Article 6bis of the Paris Convention — Article 8(2)(c) of Regulation No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Conditions — Interpretation in the light of EU law (Council Regulation No 207/2009, Art. 8(4)) (see paras 26, 27, 46)
2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Use of the sign in trade — Concept — Use in the context of a commercial activity for economic advantage (Council Regulation No 207/2009, Art. 8(4)) (see para. 28)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Local scope of sign (Council Regulation No 207/2009, Art. 8(4)) (see paras 29, 30)
4. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Use of the sign in trade — Temporal criterion (Council Regulation No 207/2009, Art. 8(4)(a)) (see para. 31)
5. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Word mark COYOTE UGLY (Council Regulation No 207/2009, Art. 8(4)) (see para. 48)
6. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an identical or similar earlier mark well known in a Member State — Likelihood of confusion with the earlier mark — Word mark COYOTE UGLY (Council Regulation No 207/2009, Art. 8(1)(b), and (2)(c)) (see para. 63)
7. Community trade mark — Procedural provisions — Statement of reasons for decisions — Purpose (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 66, 67)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 16 September 2014 (Case R 1369/2013-5), relating to opposition proceedings between Ugly, Inc. and Group Lottuss Corp. |
Operative part
The Court:
2. | | Orders Ugly, Inc. to pay the costs. |