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Case T-367/16: Judgment of the General Court of 25 January 2018 — Brunner v EUIPO (European Union trade mark — Opposition proceedings — Application for EU figurative mark H HOLY HAFERL HAFERL SHOE COUTURE — Earlier EU trade 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:62016TA0367
62016TA0367
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12.3.2018
Official Journal of the European Union
C 94/20
(Case T-367/16)(1)
((European Union trade mark - Opposition proceedings - Application for EU figurative mark H HOLY HAFERL HAFERL SHOE COUTURE - Earlier EU trade 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 094/25)
Language of the case: German
Parties
Applicant: Gerd Brunner (Moosthenning, Germany) (represented by: N. Maenz and D. Oerter, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent)
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 10 May 2016 (Case R 2943/2014-5) concerning opposition proceedings between CBM and Mr Brunner.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gerd Brunner to pay the costs.
OJ C 305, 22.8.2016.