Court of Justice (Second Chamber) 28 June 2018, C-564/16 P (European Union Intellectual Property Office v Puma SE.)

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The Court's judgment addresses the opposition proceedings regarding the registration of an EU trade mark by Gemma Group, contested by Puma SE based on the reputation of its earlier marks under Article 8(5) of Council Regulation No 207/2009. The Court emphasizes that the European Union Intellectual Property Office (EUIPO) must consider prior decisions recognizing the reputation of earlier marks and provide explicit reasoning if it departs from those findings. Ultimately, the Court dismisses EUIPO's appeal, affirming the obligation to adhere to principles of sound administration and equal treatment in trademark opposition cases.AI