TRADEMARKS | The General Court on proof of trademark reputation

On 24 April 2024, the General Court (GC) of the EU issued its decision in case T-157/23 (Kneipp GmbH v EUIPO) concerning the assessment of the evidence needed to prove the reputation of an EU trademark. According to the GC, trademark reputation is acquired and lost progressively and, consequently, the evidence filed by the trademark’s owner can be relevant even if it dates back to several years before the time of reference (which was, in the case at hand, 2019). On such grounds, the Court deemed that documentation dating back to 1990, 2000 and 2006 and going forward until 2017 was successful in proving how the trademark’s reputation had gradually been acquired over the years and that, lacking strong evidence of the contrary, it was reasonable to presume that the trademark in question still held said reputation in 2019.

Newsletter n. 96 – May 2024