INDUSTRIES, FASHION | The EU General Court upholds Armani’s appeal concerning trademark similarity assessment

On 27 November 2024, the General Court of the EU (GC) issued its decision in case T-509/23, overturning the decision of the European Union Intellectual Property Office (EUIPO) Board of Appeal. The dispute originated from an opposition brought by Armani, in which it claimed the similarity between its well-known figurative “Eagle” trademark and the opposed trademark application. The EUIPO found that the visual differences between the signs were sufficient to avoid confusion. The GC overturned the EUIPO’s decision, deeming that the trademarks were similar in that they differed exclusively in secondary elements, which would not be perceived by consumers when comparing the signs. Furthermore, the GC noted that a subtle similarity could be sufficient for consumers to establish a link between the signs, due to the reputation of Armani’s prior trademark.

Newsletter n. 103 – January 2025