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Case T-688/20: Judgment of the General Court of 15 September 2021 — Freshly Cosmetics v EUIPO — Misiego Blázquez (IDENTY BEAUTY) (EU trade mark — Opposition proceedings — Application for EU figurative mark IDENTY BEAUTY — Earlier national figurative mark IDENTITY THE IMAGE CLUB — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

ECLI:EU:UNKNOWN:62020TA0688

62020TA0688

September 15, 2021
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Official Journal of the European Union

C 452/37

(Case T-688/20) (*)

(EU trade mark - Opposition proceedings - Application for EU figurative mark IDENTY BEAUTY - Earlier national figurative mark IDENTITY THE IMAGE CLUB - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 452/45)

Language of the case: Spanish

Parties

Applicant: Freshly Cosmetics, SL (Reus, Spain) (represented by: P. Roiger Bellostes, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: A. Crawcour and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Francisco Misiego Blázquez (Madrid, Spain) (represented by: M. Salas Martín, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 September 2020 (Case R 205/2020-4), relating to opposition proceedings between Mr Misiego Blázquez and Freshly Cosmetics.

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Freshly Cosmetics, SL to pay the costs.

(*)

Language of the case: Spanish.

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