Link: The General Court dismisses the action brought by Chanel against the registration of a Huawei mark on the ground that the figurative marks at issue are not similar (europa.eu)

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General Court of the European Union

PRESS RELEASE No 67/21

Luxembourg, 21 April 2021

Judgment in Case T-44/20

Chanel SAS v EUIPO

The General Court dismisses the action brought by Chanel against the registration of a Huawei mark on the ground that the figurative marks at issue are not similar The marks must be compared as applied for and registered, without altering their orientation

On 26 September 2017, Huawei Technologies filed an application for registration of a mark with the European Union Intellectual Property Office (EUIPO), inter alia, for computer hardware. The application was for the following figurative sign:

On 28 December 2017, Chanel filed a notice of opposition to registration of that mark on the ground that it bore similiarties to its own earlier French marks registered for perfumes, cosmetics, costume jewellery, leather goods and clothes:

By decision of 28 November 2019, EUIPO rejected Chanel’s application on the ground that the mark applied for by Huawei was not similar to those two marks, the second mark having been relied on as having a reputation, and that there was no likelihood of confusion on the part of the relevant public. In today’s judgment, the General Court of the European Union dismisses the action brought by Chanel seeking the annulment of that decision. In its assessment, the General Court mainly carries out an examination of the degree of similarity between the signs at issue. (...)