General Court examines effect of an economic link between parties in trade mark invalidity proceedings (Gugler v EUIPO)

Table of contents

• Practical implications
• What was the background?
• What did the court decide?
• Case details

Article summary

IP analysis: The General Court has annulled a decision by the First Board of Appeal of European Union Intellectual Property Office (EUIPO) in relation to the application by a company, Gugler France, for a declaration of invalidity of a registered EU trade mark. The General Court held that the Board of Appeal incorrectly assessed the likelihood of confusion between the goods and services provided under the Gugler France company name and those covered by the contested trade mark. The economic link between Gugler France and the trade mark owner precluded the finding of a likelihood of confusion, therefore the Board of Appeal’s decision could not stand.