Order of the General Court (Eighth Chamber) of 11 December 2023 –
Nieß v EUIPO – Terrasoverkapping-inkoop.nl (GARTENLÜX)
(Case T‑754/22) (1)
(EU trademark – Opposition proceedings – Application for the EU word mark GARTENLÜX – 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 21, 22)
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 GARTENLÜX – Company name and trade name GARTENLUX
(European Parliament and Council Regulation 2017/1001, Art. 8(4))
(see paragraphs 24-28)
Operative part
1. | | The action is dismissed. |
2. | | Ms Andrea Nieß shall bear her own costs and pay those incurred by Terrasoverkapping-inkoop.nl BV. |
3. | | The European Union Intellectual Property Office (EUIPO) shall bear its own costs. |