Order of the General Court (Eighth Chamber) of 11 December 2023 –
Nieß v EUIPO – Thema Products (Gartenlux)
(Case T‑753/22) (1)
(EU trademark – Opposition proceedings – Application for the EU word mark Gartenlux – Previous company name and business name GARTENLUX – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law)
1. EU trade mark – Definition and acquisition of the EU 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 – Assessment by reference to the criteria determined by the national law governing the sign relied on
(European Parliament and Council Regulation 2017/1001, Art. 8(4))
(see paragraphs 20, 21)
2. EU trade mark – Definition and acquisition of the EU 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 Gartenlux – Company name and trade name GARTENLUX
(European Parliament and Council Regulation 2017/1001, Art. 8(4))
(see paragraphs 23-27)
Operative part
1. | | The action is dismissed. |
2. | | Each party shall bear its own costs. |