Kludi v EUIPO - Adlon Brand (ADLON) (Judgment) French Text [2020] EUECJ T-144/19 (09 September 2020)

Kludi v EUIPO - Adlon Brand (ADLON) (Judgment) French Text [2020] EUECJ T-144/19 (09 September 2020)

The Board of Appeal correctly exercised its discretion to admit and assess late-filed evidence, which was complementary to timely evidence. The totality of evidence established that the earlier mark ADLON enjoyed reputation in Germany for hotel and restaurant services at the relevant date. The marks were identical,...

Source-derived case information.

Citation
[2020] EUECJ T-144/19
Parties
Applicant: Kludi GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Adlon Brand GmbH & Co. KG
Jurisdiction
European Union
Procedural Posture
EU Trademark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trademark Opposition, Proof of Reputation, Late Evidence, Relative Grounds for Refusal, Article 8(5) EUTMR
Intellectual Property Trademark Law EU Law EU Trademark Opposition Proof of Reputation Late Evidence Relative Grounds for Refusal Article 8(5) EUTMR

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Parties

Kludi GmbH & Co. KG

Applicant

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

Respondent

Adlon Brand GmbH & Co. KG

Intervener

Procedural Posture

EU Trademark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal correctly admitted and assessed late-filed evidence of reputation under Article 95(2) EUTMR
  2. 2 Whether the evidence established reputation of the earlier mark ADLON for hotel and restaurant services
  3. 3 Whether use of the contested mark would take unfair advantage of or be detrimental to the reputation of the earlier mark under Article 8(5) EUTMR

Ratio Decidendi

The Board of Appeal correctly exercised its discretion to admit and assess late-filed evidence, which was complementary to timely evidence. The totality of evidence established that the earlier mark ADLON enjoyed reputation in Germany for hotel and restaurant services at the relevant date. The marks were identical, and there was a risk that use of the contested mark would take unfair advantage of or be detrimental to the reputation of the earlier mark. The conditions of Article 8(5) EUTMR were cumulatively met. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application dismissed
  • Applicant (Kludi) to bear costs