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Case T-5/22: Judgment of the General Court of 22 March 2023 — Puma v EUIPO — Brooks Sports (Representation of a band with an acute angle) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a band with an acute angle — Earlier EU and national figurative marks representing a band — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 8(5) of Regulation 2017/1001 — Legal certainty — Equal treatment — Principle of sound administration)
ECLI:EU:UNKNOWN:62022TA0005
62022TA0005
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Official Journal of the European Union
C 179/38
(Case T-5/22) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark representing a band with an acute angle - Earlier EU and national figurative marks representing a band - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Article 8(5) of Regulation 2017/1001 - Legal certainty - Equal treatment - Principle of sound administration)
(2023/C 179/54)
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: R. Raponi, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Brooks Sports, Inc. (Seattle, Washington, United States) (represented by: C. Spintig and S. Pietzcker, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 October 2021 (Case R 910/2021-4).
Operative part of the judgment
The Court:
1.Declares that there is no longer any need to adjudicate on the action in so far it seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 October 2021 (Case R 910/2021-4) to the extent that it dismissed the appeal against the Opposition Division’s decision of 30 March 2021 in respect of goods other than ‘footwear’;
2.Dismisses the action as to the remainder;
3.Orders Puma SE to pay the costs.
(*)
Language of the case: English.
(1) OJ C 84, 21.2.2022.