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Case T-439/16: Judgment of the General Court of 20 April 2018 — holyGhost v EUIPO — CBM (holyGhost) (EU trade mark — Opposition proceedings — Application for EU word mark holyGhost — Earlier EU word mark HOLY — 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))
ECLI:EU:UNKNOWN:62016TA0439
62016TA0439
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Official Journal of the European Union
C 190/24
(Case T-439/16) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for EU word mark holyGhost - Earlier EU word mark HOLY - 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)))
(2018/C 190/43)
Language of the case: German
Parties
Applicant: holyGhost GmbH (Munich, Germany) (represented by: M. Wiedemann and D. Engbrink, lawyers)
Defendant: European Union Intellectual Property Office (represented initially by A. Schifko and subsequently by D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: CBM Creative Brands Marken GmbH (Zurich, Switzerland)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 30 May 2016 (Case R 2867/2014-5), concerning opposition proceedings between CBM and holyGhost.
Operative part of the judgment
The Court:
1.The action is dismissed;
2.HolyGhost GmbH is ordered to pay the costs.
(<span class="note">1</span>) OJ C 350, 26.9.2016.
Language of the case: German.