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Case T-568/21: Judgment of the General Court of 1 February 2023 — Harbaoui v EUIPO — Google (GC GOOGLE CAR) (EU trade mark — Opposition proceedings — Application for the EU figurative mark GC GOOGLE CAR — Earlier EU word mark GOOGLE — Relative ground for refusal — Taking unfair advantage of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62021TA0568
62021TA0568
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Official Journal of the European Union
C 104/28
(Case T-568/21) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark GC GOOGLE CAR - Earlier EU word mark GOOGLE - Relative ground for refusal - Taking unfair advantage of the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EU) 2017/1001)
(2023/C 104/43)
Language of the case: English
Parties
Applicant: Zoubier Harbaoui (Paris, France) (represented by: A. Bove, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Lapinskaite, M. Eberl and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Google LLC (Mountain View, California, United States) (represented by: M. Kinkeldey and C. Schmitt, lawyers)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 June 2021 (Case R 902/2020-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Zoubier Harbaoui to pay the costs.
(*)
Language of the case: English
(1)
OJ C 431, 25.10.2021