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Case T-445/21: Judgment of the General Court of 30 March 2022 — Copal Tree Brands v EUIPO — Sumol + Compal Marcas (COPALLI) (EU trade mark — Opposition proceedings — Application for EU word mark COPALLI — Earlier national word mark COMPAL — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EU) 2017/1001 — Unfair advantage taken of the distinctive character or repute of the earlier mark)
ECLI:EU:UNKNOWN:62021TA0445
62021TA0445
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Official Journal of the European Union
C 213/39
(Case T-445/21)
(EU trade mark - Opposition proceedings - Application for EU word mark COPALLI - Earlier national word mark COMPAL - Relative ground for refusal - Damage to reputation - Article 8(5) of Regulation (EU) 2017/1001 - Unfair advantage taken of the distinctive character or repute of the earlier mark)
(2022/C 213/53)
Language of the case: English
Parties
Applicant: Copal Tree Brands, Inc. (Oakland, California, United States) (represented by: B. Niemann Fadani, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl and D. Gája, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sumol + Compal Marcas SA (Carnaxide, Portugal) (represented by: A. de Sampaio, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2021 (Case R 1581/2020-2), relating to opposition proceedings between Sumol + Compal Marcas and Copal Tree Brands.
Operative part of the judgment
The Court:
1.Dismisses the action
2.Orders Copal Tree Brands, Inc. to pay the costs.
(1) OJ C 368, 13.9.2021.