Levantur v EUIPO - Fantasia Hotels & Resorts (LUXURY BAHIA PRINCIPE FANTASIA Don Pablo Collection) (EU trade mark - Judgment) French Text [2024] EUECJ T-505/22 (10 January 2024)

Levantur v EUIPO - Fantasia Hotels & Resorts (LUXURY BAHIA PRINCIPE FANTASIA Don Pablo Collection) (EU trade mark - Judgment) French Text [2024] EUECJ T-505/22 (10 January 2024)

The Board of Appeal did not err in admitting new evidence, as it was relevant and justified to supplement earlier submissions and respond to first-instance criticisms. The evidence demonstrated use of the earlier commercial name FANTASIA HOTELES in the course of trade with more than local significance. The Board of...

Source-derived case information.

Citation
[2024] EUECJ T-505/22
Parties
Applicant: Levantur, SA; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Fantasia Hotels & Resorts, SL
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Nullity Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; Board of Appeal decision upheld.
Legal Topics
EU Trade Mark Law, Relative Grounds for Invalidity, National Commercial Name Rights, Risk of Confusion, Admissibility of Evidence, Procedural Fairness
Intellectual Property European Union Law EU Trade Mark Law Relative Grounds for Invalidity National Commercial Name Rights Risk of Confusion Admissibility of Evidence Procedural Fairness

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Parties

Levantur, SA

Applicant

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

Respondent

Fantasia Hotels & Resorts, SL

Intervener

Procedural Posture

EU Trade Mark Nullity Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal erred in admitting new evidence at appeal stage
  2. 2 Whether the evidence demonstrated use of the earlier commercial name with more than local significance
  3. 3 Whether there was a likelihood of confusion between the contested EU trade mark and the earlier commercial name

Ratio Decidendi

The Board of Appeal did not err in admitting new evidence, as it was relevant and justified to supplement earlier submissions and respond to first-instance criticisms. The evidence demonstrated use of the earlier commercial name FANTASIA HOTELES in the course of trade with more than local significance. The Board of Appeal correctly found a likelihood of confusion between the contested EU trade mark and the earlier commercial name, given the similarity of the signs and services and the perception of the relevant public.

Court Disposition

Appeal dismissed; Board of Appeal decision upheld.

Orders

  • The action is dismissed.
  • Levantur, SA is ordered to pay the costs.