Judgment of the Court (Tenth Chamber) of 23 April 2020.Gugler France v European Union Intellectual Property Office.Appeal — EU trade mark — Figurative mark containing the word element GUGLER — Application for a declaration of invalidity brought by Gugler France SA — Economic link between the party seeking a declaration of invalidity and the proprietor of the contested mark — No likelihood of confusion.Case C-736/18 P.

Judgment // 23/04/2020 // 1 min read
bookmark 8 citations

Judgment of the Court (Tenth Chamber) of 23 April 2020 — Gugler France v Gugler and EUIPO

(Case C‑736/18 P) ( 1 )

(Appeal — EU trade mark — Figurative mark containing the word element GUGLER — Application for a declaration of invalidity brought by Gugler France SA — Economic link between the party seeking a declaration of invalidity and the proprietor of the contested mark — No likelihood of confusion)

EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Economic link between the proprietors of the signs at issue

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 34-37)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Gugler France SA to bear its own costs and to pay those incurred by Mr Alexander Gugler and by the European Union Intellectual Property Office (EUIPO) in relation to the appeal proceedings.

( 1 ) OJ C 112, 25.3.2019.

Trade marks