Plaintiff: SWATCH AG
Defendant: Product's Design scrl
Case no.: R0162/2014-2
Jurisdiction: European Union
Industry: Fashion
Decision date: 12 Apr, 2014
The Board considers that the opponent’s arguments cannot be considered sufficient to establish a non hypothetical future risk of detriment or unfair advantage when the sign applied for is used in relation to the goods in Class 14. The contested sign, applied for goods in Class 14 does not, at first sight, appear capable of giving rise to one of the three types of risk covered by Article 8(5) CTMR with respect to the earlier mark with reputation when used for those goods (22.03.2007, T-215/03, Vips, EU:T:2007:93, § 48). Since one of the cumulative conditions of Article 8(5) CTMR has not been fulfilled, there is in fact no reason to assess the other conditions imposed by that provision.Therefore, the opponent’s appeal is dismissed in its entirety.
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