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Case T-171/17: Judgment of the General Court of 16 October 2018 — M & K v EUIPO — Genfoot (KIMIKA) (EU trade mark — Opposition proceedings — Application for EU word mark KIMIKA — Earlier EU word mark KAMIK — Relative grounds 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) — Genuine use — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001))

ECLI:EU:UNKNOWN:62017TA0171

62017TA0171

October 16, 2018
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I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

Official Journal of the European Union

C 436/43

(Case T-171/17) (*)

((EU trade mark - Opposition proceedings - Application for EU word mark KIMIKA - Earlier EU word mark KAMIK - Relative grounds 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) - Genuine use - Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)))

(2018/C 436/60)

Language of the case: English

Parties

Applicant: M & K Srl (Prato, Italy) (represented by: initially by F. Caricato, and subsequently by M. Cartella and B. Cartella, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Genfoot, Inc. (Montreal, Quebec, Canada) (represented by: E. Saarmann and P. Baronikians, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2017 (Case R 1206/2016-4), relating to opposition proceedings between Genfoot and M & K.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders M & K Srl to pay the costs.

(*) Language of the case: English.

(1) OJ C 144, 8.5.2017.

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