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Case T-61/15: Judgment of the General Court of 1 March 2016 — 1&1 Internet v OHIM — Unoe Bank (1e1) (Community trade mark — Opposition proceedings — Application for the Community word mark 1e1 — Earlier national word mark UNO E and earlier figurative mark unoe — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62015TA0061

62015TA0061

March 1, 2016
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18.4.2016

Official Journal of the European Union

C 136/33

(Case T-61/15)(1)

((Community trade mark - Opposition proceedings - Application for the Community word mark 1e1 - Earlier national word mark UNO E and earlier figurative mark unoe - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 136/47)

Language of the case: English

Parties

Applicant: 1&1 Internet AG (Montabaur, Germany) (represented by: G. Klopp, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Unoe Bank, SA (Madrid, Spain) (represented by: N. González-Alberto Rodríguez, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 4 December 2014 (Case R 101/2014-5) relating to opposition proceedings between Unoe Bank, SA and 1&1 Internet AG.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fifth Board of Appeal of OHIM of 4 December 2014 (Case R 101/2014-5) relating to opposition proceedings between Unoe Bank, SA and 1&1 Internet AG;

2.Orders OHIM to bear its own costs and to pay the costs incurred by 1&1 Internet AG;

3.Orders Unoe Bank, SA to bear its own costs.

OJ C 107, 30.3.2015.

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