Order of the General Court (Eighth Chamber) of 11 December 2023
Order of the General Court (Eighth Chamber) of 11 December 2023
Data
- Court
- General Court
- Case date
- 11 december 2023
Verdict
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 markDefinition and acquisition of the EU 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 lawAssessment 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 markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an unregistered trade mark or other sign used in the course of tradeWord mark GartenluxCompany 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.