The General Court of the European Union (EU) annulled on Thursday a resolution of the Office of Intellectual Property of the EU (EUIPO) in which it rejected the rejection of Inditex to the registration of the community trademark "Zara" by the company Zara Tanzania Adventures for travel services.
In 2009, the company Zara Tanzania Adventures applied to the EUIPO to register the trademark in question for travel and tourism services, travel agency, organization of safaris and vacations, transport of travelers and car rental and education and training on wild animals.
That same year, Inditex, the parent company of Zara, opposed registration based on its previous Community trademarks and its reputation.
As of 2011, a series of EUIPO decisions and resources were made by the companies in relation to the registration of the trademark in question.
In today's ruling, the General Court pronounces in particular on Inditex's request to partially annul a 2017 EUIPO decision in which it authorized Zara Tanzania Adventures to register the trademark for travel and tourism services and agencies. of travel for the reservation of accommodations.
The court, based in Luxembourg, annulled the resolution of EUIPO, which will have to adopt a new resolution.
He stated that EUIPO did not carry out an overall assessment of the risk of improper use of the distinctive character or reputation of the previous Inditex trademarks, since in examining the allegations presented by the Spanish group, it did not take into account the intensity of the reputation of those earlier marks, nor the degree of their distinctive character.
Consequently, the General Court considered that the grounds on which EUIPO based its decision are not sufficient to justify dismissing Inditex's opposition to the registration of the trademark by the other company.