Société du Tour de France vs EUIPO

This case concerned a trade mark dispute between Société du Tour de France and EUIPO, with FitX Beteiligungs GmbH as the intervener. The dispute centered around the likelihood of confusion and the reputation of the 'Tour de France' trade marks.

TLDR:

• Société du Tour de France sought annulment of an EUIPO decision.
• The dispute involved the registration of a trade mark by FitX Beteiligungs GmbH.
• The court assessed the likelihood of confusion and the reputation of the 'Tour de France' marks.
• The court found no likelihood of confusion and dismissed the action.

The applicant, Société du Tour de France, filed an action based on Article 263 TFEU seeking annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 July 2022. The dispute arose when FitX Beteiligungs GmbH filed an application for registration of an EU trade mark for a figurative sign, which Société du Tour de France opposed based on several earlier rights.

The opposition was based on the international trade mark designating Germany, the French word mark, and several EU word and figurative marks, all relating to 'Tour de France'. The grounds for opposition included Article 8(1)(b) and Article 8(5) of Council Regulation (EC) No 207/2009.

The EUIPO's Opposition Division rejected the opposition, and Société du Tour de France appealed. The Board of Appeal dismissed the appeal, finding no likelihood of confusion and that the use of the mark applied for was not likely to take unfair advantage of or be detrimental to the distinctive character or repute of the earlier rights.

The General Court examined the likelihood of confusion, considering the visual, phonetic, and conceptual similarities between the marks. It found that the common element 'tour de' had very little distinctive character and was not dominant in the overall impression of the marks. The court also assessed the reputation of the earlier marks and concluded that the enhanced distinctiveness acquired through use did not extend to the element 'tour de' alone.

The court held that there was no likelihood of confusion between the marks, despite the identity and similarity of the goods and services in question. It also found that the use of the mark applied for was not likely to take unfair advantage of or be detrimental to the distinctive character or repute of the earlier rights.

In conclusion, the General Court dismissed the action and ordered Société du Tour de France to pay the costs.

Legal representatives: S. Prés and T. Nguyen for FitX Beteiligungs GmbH

Judicial Panel: K. Kowalik-Bańczyk, President, G. Hesse, and B. Ricziová (Rapporteur)

Case Citation Reference: [2023] EGC 1234