Fiesta Hotels & Resorts v EUIPO - Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA) (Judgment) French Text [2016] EUECJ T-217/15 (30 November 2016)

Fiesta Hotels & Resorts v EUIPO - Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA) (Judgment) French Text [2016] EUECJ T-217/15 (30 November 2016)

The General Court held that the Chamber of Appeal correctly found that the prior unregistered commercial name 'GRAND HOTEL PALLADIUM' had been used in the course of trade with more than local significance in Spain for class 43 services, that rights had been acquired under Spanish law before the contested mark's...

Source-derived case information.

Citation
[2016] EUECJ T-217/15
Parties
Applicant: Fiesta Hotels & Resorts, SL; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Residencial Palladium, SL
Jurisdiction
European Union
Procedural Posture
EU Trademark Nullity Appeal / General Court Judgment
Outcome
Appeal dismissed; contested decision upheld.
Legal Topics
EU Trademark Nullity, Relative Grounds for Refusal, National Prior Rights, Risk of Confusion, Bad Faith in Trademark Registration
Intellectual Property Trademark Law European Union Law EU Trademark Nullity Relative Grounds for Refusal National Prior Rights Risk of Confusion Bad Faith in Trademark Registration

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Parties

Fiesta Hotels & Resorts, SL

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Residencial Palladium, SL

Intervener

Procedural Posture

EU Trademark Nullity Appeal / General Court Judgment

  1. 1 Whether the prior unregistered commercial name 'GRAND HOTEL PALLADIUM' used in Spain justified the invalidity of the later EU figurative trademark 'PALLADIUM PALACE IBIZA RESORT & SPA' for class 43 services under Article 8(4) and Article 53(1)(c) of Regulation No 207/2009;
  2. 2 Whether the applicant acted in bad faith when filing the contested trademark;
  3. 3 Whether the requirements for non-local scope, acquisition of rights, and right to prohibit use under Spanish law were met;

Ratio Decidendi

The General Court held that the Chamber of Appeal correctly found that the prior unregistered commercial name 'GRAND HOTEL PALLADIUM' had been used in the course of trade with more than local significance in Spain for class 43 services, that rights had been acquired under Spanish law before the contested mark's filing, and that these rights allowed prohibition of the later mark due to risk of confusion. The applicant's arguments regarding the scope of use, acquisition of rights, and risk of confusion were rejected. The nullity of the contested mark for class 43 services was upheld.

Court Disposition

Appeal dismissed; contested decision upheld.

Orders

  • The action is dismissed.
  • The applicant is ordered to pay the costs.