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Case T-326/14: Judgment of the General Court of 19 April 2016 — Novomatic v EUIPO — Granini France (HOT JOKER) (EU trade mark — Opposition proceedings — Application for the EU figurative mark HOT JOKER — Earlier national figurative mark Joker — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62014TA0326

62014TA0326

April 19, 2016
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30.5.2016

Official Journal of the European Union

C 191/24

(Case T-326/14) (<span class="super">1</span>)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark HOT JOKER - Earlier national figurative mark Joker - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Article 76(1) of Regulation No 207/2009))

(2016/C 191/30)

Language of the case: English

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Granini France (Mâcon, France) (represented by: D. Lichtlen, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 February 2014 (Case R 589/2013-2), relating to opposition proceedings between Granini France and Novomatic AG.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Novomatic AG to pay the costs.

(<span class="super">1</span>) OJ C 245, 28.7.2014.

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