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Case T-655/17: Judgment of the General Court of 11 April 2019 — Inditex v EUIPO — Ansell (ZARA TANZANIA ADVETURES) (EU trade mark — Opposition proceedings — Application for the EU figurative mark ZARA TANZANIA ADVENTURES — Earlier EU word marks ZARA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Detriment to the distinctive character or the repute of the earlier trade marks)
ECLI:EU:UNKNOWN:62017TA0655
62017TA0655
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3.6.2019
Official Journal of the European Union
C 187/73
(Case T-655/17) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark ZARA TANZANIA ADVENTURES - Earlier EU word marks ZARA - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) - Unfair advantage taken of the distinctive character or the repute of the earlier trade marks - Detriment to the distinctive character or the repute of the earlier trade marks)
(2019/C 187/77)
Language of the case: English
Parties
Applicant: Industria de Diseño Textil, SA (Inditex) (Arteixo, Spain) (represented by: G. Marín Raigal, G. Macías Bonilla, P. López Ronda and E. Armero Lavie, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)
Other parties to the proceedings before the Board of Appeal of EUIPO: Zainab Ansell and Roger Ansell (Moshi, Tanzania)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 5 July 2017 (Joined Cases R 2330/2011-2 and R 2369/2011-2), relating to opposition proceedings between Industria de Diseño Textil, on the one hand, and Mrs Ansell and Mr Ansell, on the other hand.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 July 2017 (Joined Cases R 2330/2011-2 and R 2369/2011-2) in so far as the Board of Appeal partially upheld the appeal brought by Mrs Ansell and Mr Ansell (Case R 2369/2011-2) and allowed the mark applied for to proceed to registration in respect of the services which are listed in point 3 of the operative part of that decision and are in Classes 39 and 43 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear its own costs and to pay those incurred by Industria de Diseño Textil, SA (Inditex) in the course of the proceedings before the General Court.
(*)
Language of the case: English