Judgment of the General Court (Single Judge) of 1 February 2023 –
Harbaoui v EUIPO – Google (GC GOOGLE CAR)
(Case T‑568/21) (1)
(EU trade mark – Opposition proceedings – Application for the EU figurative mark GC GOOGLE CAR – Earlier EU word mark GOOGLE – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001)
1. EU trade mark – Definition and acquisition of the EU 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 – Similarity of the marks concerned – Criteria for assessment – Composite mark
(European Parliament and Council Regulation 2017/1001, Art. 8(5))
(see paragraphs 16, 21, 22, 37)
2. EU trade mark – Definition and acquisition of the EU 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 – Figurative mark GC GOOGLE CAR and word mark GOOGLE
(European Parliament and Council Regulation 2017/1001, Art. 8(5))
(see paragraphs 26, 40, 56, 65)
3. EU trade mark – Definition and acquisition of the EU 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 – Link between the marks – Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(5))
(see paragraph 48)
4. EU trade mark – Definition and acquisition of the EU 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 – Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(5))
(see paragraph 60)
Operative part
The Court:
2. | | Orders Mr Zoubier Harbaoui to pay the costs. |