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Case T-129/16: Judgment of the General Court of 14 November 2017 — Claranet Europe v EUIPO — Claro (claranet) (EU trade mark — Opposition proceedings — Application for the EU figurative mark claranet — Earlier Benelux word mark CLARO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

ECLI:EU:UNKNOWN:62016TA0129

62016TA0129

November 14, 2017
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Official Journal of the European Union

C 5/31

(Case T-129/16)(1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark claranet - Earlier Benelux word mark CLARO - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 005/41)

Language of the case: English

Parties

Applicant: Claranet Europe Ltd (St Helier, Jersey) (represented by: G. Crown, D. Farnsworth and O. Fairhurst, Solicitors, and A. Bryson, Barrister)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Claro SA (São Paulo, Brazil)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 26 January 2016 (Case R 803/2015-4), relating to opposition proceedings between Claro and Claranet Europe.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Claranet Europe Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 175, 17.5.2016.

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