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Case T-582/18: Judgment of the General Court of 15 October 2019 — Boxer Barcelona v EUIPO — X-Technology Swiss (XBOXER BARCELONA) (EU trade mark — Opposition proceedings — Application for the EU figurative mark XBOXER BARCELONA — Earlier EU figurative mark representing the letter ‘x’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Evidence — Article 18(1)(a) of Regulation 2017/1001 — Article 47(2) of Regulation 2017/1001 — Restriction of the application for registration before the Board of Appeal — Article 49(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62018TA0582
62018TA0582
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23.12.2019
Official Journal of the European Union
C 432/49
(Case T-582/18) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark XBOXER BARCELONA - Earlier EU figurative mark representing the letter ‘x’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Evidence - Article 18(1)(a) of Regulation 2017/1001 - Article 47(2) of Regulation 2017/1001 - Restriction of the application for registration before the Board of Appeal - Article 49(1) of Regulation 2017/1001)
(2019/C 432/57)
Language of the case: Spanish
Parties
Applicant: Boxer Barcelona, SL (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: X-Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Zafar, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 July 2018 (Case R 2186/2017-5), relating to opposition proceedings between X-Technology Swiss and Boxer Barcelona.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Boxer Barcelona, SL to pay the costs.
(*) Language of the case: Spanish.
(1) OJ C 427, 26.11.2018.