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Case T-4/21: Judgment of the General Court of 4 May 2022 — Advanced Superabrasives v EUIPO — Adi (ASI ADVANCED SUPERABRASIVES) (EU trade mark — Opposition proceedings — Application for the EU figurative mark ASI ADVANCED SUPERABRASIVES — Earlier EU figurative and word marks ADI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Remittal of the case to the Opposition Division — Article 71(1) of Regulation 2017/1001 — Article 27(3)(b) of Delegated Regulation (EU) 2018/625)
ECLI:EU:UNKNOWN:62021TA0004
62021TA0004
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Official Journal of the European Union
C 257/31
(Case T-4/21)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark ASI ADVANCED SUPERABRASIVES - Earlier EU figurative and word marks ADI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Remittal of the case to the Opposition Division - Article 71(1) of Regulation 2017/1001 - Article 27(3)(b) of Delegated Regulation (EU) 2018/625)
(2022/C 257/40)
Language of the case: English
Parties
Applicant: Advanced Superabrasives, Inc. (Mars Hill, North Carolina, United States) (represented by: D. Piróg and A. Rytel, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Adi Srl (Thiene, Italy) (represented by B. Saguatti, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 23 October 2020 (Case R 2713/2019-2), relating to opposition proceedings between Adi and Advanced Superabrasives.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Advanced Superabrasives, Inc. to pay the costs.
OJ C 62, 22.2.2021.