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Case T-159/15: Judgment of the General Court of 9 September 2016 — Puma v EUIPO — Gemma Group (Representation of a bounding feline) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a bounding feline — Earlier international figurative marks representing a bounding feline — Relative ground for refusal — Sound administration — Proof of the reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62015TA0159

62015TA0159

September 9, 2016
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24.10.2016

Official Journal of the European Union

C 392/34

(Case T-159/15)(1)

((EU trade mark - Opposition proceedings - Application for an EU figurative mark representing a bounding feline - Earlier international figurative marks representing a bounding feline - Relative ground for refusal - Sound administration - Proof of the reputation of the earlier marks - Article 8(5) of Regulation (EC) No 207/2009))

(2016/C 392/43)

Language of the case: English

Parties

Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Defendant: European Union Intellectual Property Office (represented by: initially P. Bullock, and subsequently D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Gemma Group Srl (Cerasolo Ausa, Italy)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 19 December 2014 (Case R 1207/2014-5), relating to opposition proceedings between Puma and Gemma Group.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 December 2014 (Case R 1207/2014-5);

2.Orders EUIPO to pay the costs, including those incurred by Puma SE.

(1)

OJ C 171, 26.5.2015.

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