The Court of Justice of theEuropean UnionThis Thursday, a decision of the EU Intellectual Property Office (EUIPO) that allowed theEuropean brand registration of the company 'Zara Tanzania Adventures'for travel services, tourism and travel agencies, despite the opposition of the Spanish group Inditex, which will force the European agency to examine the case again.
The case dates back to April 2009, when Zainab and Roger Ansell applied for registration as a European brand of 'Zara Tanzania Adventures' for, among others,travel and tourism services, travel agency, organization of holidays and safaris, transport of travelers and car rental, education and training on wild animals.
The Spanish groupInditex opposed the registration, considering that there was a likelihood of confusionfor the customer with its Zara brand and a long process of resources began that ended with the decision of EUIPO of July 2017 to reject the Inditex resource and accepted the registration of the travel brand for tourism services and agencies for the reservation of accommodations.
The Spanish textile group raised the case to the Court with headquarters in Luxembourg, which in its ruling this Thursday has annulled the decision of the EU intellectual property office and forces to examine the case again for a new ruling.
Inditex argued that the global analysis of the conditions necessary to accord greater protection to a previous brand that enjoys a high reputation was not in accordance with European legislation.
In your decision,the TEU considers that EUIPO did not carry out a "global assessment of the risk of improper use"of the distinctive character or reputation of the previous Inditex trademarks, since in examining the claims of the Spanish group, it did not take into account the "intensity" of the renown of those earlier marks, nor the degree of their distinctive character.