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Case T-473/15: Judgment of the General Court of 16 March 2017 — Capella v EUIPO — Abus (APUS) (EU trade mark — Opposition proceedings — Application for the EU word mark APUS — Earlier national word mark ABUS — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Successive restrictions of the trade mark application before the Board of Appeal — Article 43(1) of Regulation No 207/2009 — Competence of the Board of Appeal — Article 64(1) of Regulation No 207/2009 — Right to be heard — Article 75, second sentence, of Regulation No 207/2009 — Rule 13(3) of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62015TA0473
62015TA0473
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Official Journal of the European Union
C 144/37
(Case T-473/15) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for the EU word mark APUS - Earlier national word mark ABUS - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion - Successive restrictions of the trade mark application before the Board of Appeal - Article 43(1) of Regulation No 207/2009 - Competence of the Board of Appeal - Article 64(1) of Regulation No 207/2009 - Right to be heard - Article 75, second sentence, of Regulation No 207/2009 - Rule 13(3) of Regulation (EC) No 2868/95))
(2017/C 144/49)
Language of the case: German
Parties
Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: F. Henkel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Abus August Bremicker Söhne KG (Wetter, Germany) (represented by: G. Hallwachs, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 June 2015 (Case R 117/2014-4), relating to opposition proceedings between Abus August Bremicker Söhne and Capella.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 June 2015 (Case R 117/2014-4);
2.Orders EUIPO, in addition to bearing its own costs, to pay those incurred by Capella EOOD;
3.Declares that Abus August Bremicker Söhne KG is to bear its own costs.
(<span class="note">1</span>) OJ C 328, 5.10.2015.