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Case T-596/21: Judgment of the General Court of 9 November 2022 — Société Elmar Wolf v EUIPO — Fuxtec (Representation of the head of an animal) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a head — Earlier national figurative mark representing the head of a canine — Earlier international registration designating the European Union — Figurative mark representing the head of a canine — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — No likelihood of confusion)
ECLI:EU:UNKNOWN:62021TA0596
62021TA0596
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16.1.2023
Official Journal of the European Union
C 15/38
(Case T-596/21) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark representing a head - Earlier national figurative mark representing the head of a canine - Earlier international registration designating the European Union - Figurative mark representing the head of a canine - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - No likelihood of confusion)
(2023/C 15/49)
Language of the case: English
Parties
Applicant: Société Elmar Wolf (Wissembourg, France) (represented by N. Boespflug, lawyer)
Defendant: European Union Intellectual Property Office (represented by J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Fuxtec GmbH (Herrenberg, Germany) (represented by M. Hammer and C. Koller, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 July 2021 (Case R 2834/2019-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Société Elmar Wolf, since it has been unsuccessful, to pay the costs, in accordance with the form of order sought by the European Union Intellectual Property Office (EUIPO).
(*)
Language of the case: English.
OJ C 462, 15.11.2021.