Judgment of the General Court (Ninth Chamber) of 29 October 2015 —
Éditions Quo Vadis v OHIM — Gómez Hernández (‘QUO VADIS’)
(Case T‑517/13)
Community trade mark — Opposition proceedings — Application for the Community word mark ‘QUO VADIS’ — Earlier national word mark QUO VADIS — Relative ground for refusal — Article 8(5) of Regulation (EC) 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 earlier identical or similar mark registered for identical or similar goods or services — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions (Council Regulation No 207/2009, Art. 8(5)) (see para. 22)
2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Taking unfair advantage of the distinctive character or repute of the earlier mark — Detriment to the distinctive character or repute of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 23, 25-27, 41 and 42)
3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Word marks ‘QUO VADIS’ and QUO VADIS (Council Regulation No 207/2009, Art. 8(5)) (see paras 28-40, 43 and 44)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 July 2013 (Case R 1166/2012-4) relating to opposition proceedings between Mr Francisco Gómez Hernández and Éditions Quo Vadis. |
Operative part
The Court:
2. | | Orders Éditions Quo Vadis to pay the costs. |