General Court 07-11-2014 ECLI:EU:T:2014:940

Data

Court: General Court

Case date: 7 november 2014

Verdict

Judgment of the General Court (Third Chamber) of 7 November 2014 —

Urb Rulmenti Suceava v OHIM — Adiguzel (URB)

(Case T‑506/13)

"Community trade mark - Invalidity proceedings - Community word mark URB - Earlier national collective word mark URB and earlier national collective figurative mark URB - Absolute ground for refusal - No bad faith on the part of the proprietor of the Community trade mark - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - No authorisation by the proprietor of the earlier marks - Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 - No breach of Article 72 of Regulation No 207/2009"

Community trade markSurrender, revocation and invalidityAbsolute grounds for invalidityApplicant in bad faith at the time of lodging the trade mark applicationCriteria for assessmentTaking account of all the relevant factors existing at the time of filing the application for registrationApplicant’s knowledge that a third party is using an identical or similar signIntention of the applicantDegree of legal protection of the signs at issueCommercial logic underlying the registration of the sign contested as a Community trade markChronology of events characterising the filing of the trade mark applicationExtent of reputation (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 25‑30, 33-36, 43)

Community trade markSurrender, revocation and invalidityAbsolute grounds for invalidityApplicant in bad faith at the time of lodging the trade mark applicationWord mark URB (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 37-47)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 July 2013 (Case R 1309/2012‑4) concerning invalidity proceedings between Urb Rulmenti Suceava SA and Mr Harun Adiguzel.

Operative part

The Court:

Dismisses the action;

Orders Urb Rulmenti Suceava SA to pay the costs;

Orders Mr Harun Adiguzel to bear his own costs.