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Case T-711/20: Judgment of the General Court of 5 October 2022 — Puma v EUIPO — CMS (CMS Italy) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CMS Italy — Earlier international figurative marks representing a feline bounding towards the left and earlier international figurative mark PUMA — Relative ground for refusal — Detriment to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Similarity of the signs — Proof of reputation — Overall assessment)
ECLI:EU:UNKNOWN:62020TA0711
62020TA0711
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Official Journal of the European Union
C 463/25
(Case T-711/20) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark CMS Italy - Earlier international figurative marks representing a feline bounding towards the left and earlier international figurative mark PUMA - Relative ground for refusal - Detriment to reputation - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) - Similarity of the signs - Proof of reputation - Overall assessment)
(2022/C 463/33)
Language of the case: English
Parties
Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: CMS Costruzione macchine speciali SpA (Alonte, Italy) (represented by: M. Salvador and R. Brogi, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 September 2020 (Case R 2215/2019-4).
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 September 2020 (Case R 2215/2019-4) as regards the oppositions based on earlier trade marks No 480 105 and No 593 987;
2.Dismisses the action as to the remainder;
3.Orders Puma SE, EUIPO and CMS Costruzione macchine speciali SpA each to bear their own costs.
*
(*) Language of the case: English.