Judgment of the General Court (Sixth Chamber) of 3 March 2016

Data

Court: General Court

Case date: 3 maart 2016

Verdict

Judgment of the General Court (Sixth Chamber) of 3 March 2016 —

Ugly v OHIM — Group Lottuss (COYOTE UGLY)

(Case T‑778/14)

"Community trade mark - Opposition proceedings - Application for the Community word mark COYOTE UGLY - Relative grounds for refusal - Revocation of the earlier Community word mark - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 - No non-registered mark - Article 8(4) of Regulation No 207/2009 - No well-known mark within the meaning of Article 6bis of the Paris Convention - Article 8(2)(c) of Regulation No 207/2009"

1. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an unregistered trade mark or other sign used in the course of tradeConditionsInterpretation in the light of EU law (Council Regulation No 207/2009, Art. 8(4)) (see paras 26, 27, 46)

2. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an unregistered trade mark or other sign used in the course of tradeUse of the sign in tradeConceptUse in the context of a commercial activity for economic advantage (Council Regulation No 207/2009, Art. 8(4)) (see para. 28)

3. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an unregistered trade mark or other sign used in the course of tradeLocal scope of sign (Council Regulation No 207/2009, Art. 8(4)) (see paras 29, 30)

4. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an unregistered trade mark or other sign used in the course of tradeUse of the sign in tradeTemporal criterion (Council Regulation No 207/2009, Art. 8(4)(a)) (see para. 31)

5. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an unregistered trade mark or other sign used in the course of tradeWord mark COYOTE UGLY (Council Regulation No 207/2009, Art. 8(4)) (see para. 48)

6. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark well known in a Member StateLikelihood of confusion with the earlier markWord mark COYOTE UGLY (Council Regulation No 207/2009, Art. 8(1)(b), and (2)(c)) (see para. 63)

7. Community trade markProcedural provisionsStatement of reasons for decisionsPurpose (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 66, 67)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 16 September 2014 (Case R 1369/2013-5), relating to opposition proceedings between Ugly, Inc. and Group Lottuss Corp.

Operative part

The Court:

1. Dismisses the action;

2. Orders Ugly, Inc. to pay the costs.