General Court (Sixth Chamber) 3 March 2016, in case T – 778/14 (Ugly, Inc. v. OHIM and Group Lottuss Corp., SL)
Regulation (EC) No 207/2009 − Article 8(2)(c) − Article 8(4) —Relative grounds for refusal — Non-registered mark — Well-known mark within the meaning of Article 6 bis of the Paris Convention
Article 8(4) of Regulation No 207/2009 requires that the sign relied on in support of the opposition must actually be used in a sufficiently significant manner in the course of trade and its geographical extent must not be merely local, which implies, where the territory in which that sign is protected may be regarded as other than local, that the sign must be used in a substantial part of that territory
In order to be considered a well-known mark within the meaning of Article 6 bis of the Paris Convention, the applicant has to prove that is known by a substantial part of the relevant public of the European Union.
categoria:European Case Law