Thu. Sep 19th, 2024
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EU General Court Judgment in Case T-157/23 Kneipp v EUIPO-Patou on “Joyful by nature”
24 April
Wednesday, 24 April 2024
EU General Court Judgment in Case T-157/23 Kneipp v EUIPO-Patou (Joyful by nature)
(Intellectual, industrial and commercial property – Trade marks)
Kneipp is challenging a decision of Decision of the Second Board of Appeal of EUIPO of January 19, 2023 in Case R 532/2022-2, whereby the EUIPO refused an application for the word mark “Joyful by nature” in respect of a number of goods and services.
Kneipp GmbH has filed an application with the EUIPO to register the wordmark “Freudig von Natur aus”. Jean Patou filed an opposition against this. This was upheld. The opposition was based on earlier rights from the registered trade mark “JOY”.
It was decided that consumers would probably associate the newer trade mark with the earlier one.
Kneipp GmbH lodged an appeal against the decision and requested its complete cancellation. It argues that the signs can only be regarded as highly similar.
Mittwoch, 24. April 2024
Urteil des Gerichts in der Rechtssache T-157/23 Kneipp / EUIPO – Patou (Joyful by nature)
Markenstreit um „Joyful by nature“
Die Kneipp GmbH beantragte beim Amt der Europäischen Union für Geistiges Eigentum (EUIPO) die Eintragung der Worte „Joyful by nature“ als Unionsmarke. Das französische Unternehmen Jean Patou legte dagegen Widerspruch ein, den es auf ältere Rechte aus seiner eingetragenen Marke „JOY“ stützte. Das EUIPO gab dem Widerspruch letztlich statt. Es kam zu dem Ergebnis, dass Verbraucher die beantragte Marke höchstwahrscheinlich mit der älteren in Verbindung bringen würden und dass demnach eine Verwechslungsgefahr bestehe.
Kneipp hat diese Entscheidung des EUIPO vor dem Gericht der EU angefochten, das heute sein Urteil verkündet.
Details
- Date:
- 24 April
- Event Categories:
- EU General Court, EVENT, IEU AGENDA
- Event Tags:
- T-157/23 Kneipp v EUIPO-Patou
Venue
- EU General Court
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- (00352) 43 03-1
- View Venue Website
Organizer
- EU General Court
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