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Case T-411/15: Judgment of the General Court of 4 October 2017 — Gappol Marzena Porczyńska v EUIPO — Gap (ITM) (GAPPOL) (EU trade mark — Opposition proceedings — Application for the EU figurative mark GAPPOL — Earlier EU word mark GAP — Cross-appeal — 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) — Reputation — Unfair advantage taken of the distinctive character or reputation — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62015TA0411
62015TA0411
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13.11.2017
Official Journal of the European Union
C 382/38
(Case T-411/15) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for the EU figurative mark GAPPOL - Earlier EU word mark GAP - Cross-appeal - 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) - Reputation - Unfair advantage taken of the distinctive character or reputation - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)))
(2017/C 382/45)
Language of the case: English
Parties
Applicant: PP Gappol Marzena Porczyńska (Łódź, Poland) (represented by: J. Gwiazdowska, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gap (ITM), Inc. (San Francisco, California, United States) (represented by: M. Siciarek and J. Mrozowski, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 13 May 2015 (Case R 686/2013-1), relating to opposition proceedings between Gap (ITM) and PP Gappol Marzena Porczyńska.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 May 2015 (Case R 686/2013-1) in so far as the Board of Appeal rejected, pursuant to Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (now Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark), the application for registration in respect of goods falling within Class 20 and corresponding to the description ‘furniture’;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs incurred in the course of the proceedings before the Court.
(<span class="super">1</span>) OJ C 328, 5.10.2015.