By a decision dated 13 January 2026, the Opposition Division of the EUIPO (European Union Intellectual Property Office) fully upheld the opposition filed by Parfums Christian Dior, rejecting in its entirety European Union trade mark application No. 19 015 845 relating to the figurative sign “ADORE professional”.
The full text of the decision commented on below may be accessed by clicking on the following link.
This well-reasoned and extensively substantiated decision provides a further illustration of the enhanced protection afforded to trade marks enjoying a reputation, pursuant to Article 8(5) of Regulation (EU) 2017/1001 on the European Union trade mark (EUTMR).
The opposition was filed by Parfums Christian Dior, proprietor of the earlier international trade mark J’ADORE, designating in particular the European Union for perfumery and cosmetic products in Class 3.
The contested application had been filed on 18 April 2024 by Mr Dmytro Volodymyrovych Savenko for the sign “ADORE professional”, covering manicure, pedicure and nail care products in Class 3, as well as various promotion, marketing and online marketplace services in Class 35.
The opposition was based both on likelihood of confusion under Article 8(1)(b) EUTMR and, more specifically, on the protection of a reputed trade mark under Article 8(5) EUTMR.
The Opposition Division recalls that reputation requires that the earlier mark be known by a significant part of the relevant public, assessed in light of a body of converging factors, including the intensity, duration and geographical scope of use, as well as the scale of promotional investments.
In the present case, Parfums Christian Dior submitted an exceptionally extensive and coherent body of evidence, including market studies, international rankings, extracts from specialist and mainstream press, financial reports, large-scale advertising campaigns, and prior decisions of national and European intellectual property offices recognising the reputation of the J’ADORE mark.
On that basis, the EUIPO found, without reservation, that the J’ADORE trade mark enjoys a particularly high level of reputation within the European Union, and notably in France, for perfumery products in Class 3, prior to the filing date of the contested mark.
When comparing the signs, the Opposition Division carried out a global assessment from a visual, phonetic and conceptual standpoint.
It held that the element “ADORE” constitutes the dominant and distinctive element of the contested sign, while the term “professional”, which is weakly distinctive, plays a secondary role. The absence of the letter “J’” in the contested sign was not considered sufficient to offset the similarities.
The EUIPO therefore concluded that the signs are visually and conceptually similar to an above-average degree, and highly similar phonetically, leading the relevant public to establish a mental association between them, which is a necessary precondition for the application of Article 8(5) EUTMR.
The Opposition Division then found that there was a serious risk of unfair advantage, characterised by a phenomenon of free-riding, whereby the applicant would unduly benefit from the power of attraction, prestige and luxury image associated with the J’ADORE trade mark.
It emphasised that the goods and services covered by the contested application fall within the beauty and personal care sector, closely connected to luxury perfumery, thereby increasing the likelihood of an image transfer to the benefit of the applicant.
The argument based on the applicant’s alleged good faith, derived from prior use of the sign in Ukraine, was expressly dismissed, the EUIPO reiterating settled case-law according to which the applicant’s intention is irrelevant where the objective conditions of an infringement of a reputed trade mark are met.
At the conclusion of its analysis, the EUIPO held that all the conditions of Article 8(5) EUTMR were satisfied and therefore decided:
The Opposition Division further stated that, in view of the success of the opposition under Article 8(5) EUTMR, it was unnecessary to examine the remaining grounds relied upon.
This decision forms part of the EUIPO’s consistent and stringent case-law confirming that iconic trade marks in the luxury, cosmetics and fragrance sectors benefit from enhanced protection, including against signs used for related goods or services.
It also highlights the strategic importance, for proprietors of reputed trade marks, of carefully documenting their reputation and maintaining proactive surveillance over trade mark filings likely to exploit their intangible assets without due cause.
Image par Eva via Flickr
