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Case T-356/20: Judgment of the General Court of 27 October 2021 — Jiruš v EUIPO — Nile Clothing (Racing Syndicate) (EU trade mark — Invalidity proceedings — EU figurative mark Racing Syndicate — Earlier international word mark SYNDICATE — Submission of evidence for the first time before the Board of Appeal — Article 95(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62020TA0356
62020TA0356
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Valentina R., lawyer
13.12.2021
Official Journal of the European Union
C 502/24
(Case T-356/20) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark Racing Syndicate - Earlier international word mark SYNDICATE - Submission of evidence for the first time before the Board of Appeal - Article 95(2) of Regulation (EU) 2017/1001 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001))
(2021/C 502/37)
Language of the case: English
Parties
Applicant: Václav Jiruš (Vitín, Czech Republic) (represented by: J. Zedníková, 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: Nile Clothing AG (Sutz-Lattrigen, Switzerland) (represented by: C. Raßmann, M. Suether and F. Adinolfi, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 31 March 2020 (Case R 1488/2019-5), relating to invalidity proceedings between Nile Clothing and Mr Jiruš.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Václav Jiruš to pay the costs.
(*) Language of the case: English.
(1) OJ C 255, 3.8.2020.