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Case T-719/22: Order of the General Court of 29 June 2023 — Puma v EUIPO — Herno (HERZO) (Action for annulment — EU trade mark — Opposition proceedings — Application for the EU word mark HERZO — Earlier EU figurative mark HERNO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62022TB0719
62022TB0719
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21.8.2023
Official Journal of the European Union
C 296/32
(Case T-719/22) (*)
(Action for annulment - EU trade mark - Opposition proceedings - Application for the EU word mark HERZO - Earlier EU figurative mark HERNO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)
(2023/C 296/36)
Language of the case: English
Parties
Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke and P. Trieb, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Herno SpA (Lesa, Italy)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 July 2022 (Case R 297/2022-1).
Operative part of the order
1.The action is dismissed as manifestly lacking any foundation in law.
2.Each party shall bear its own costs.
(*) Language of the case: English.
(1) OJ C 15, 16.1.2023.