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Case T-215/17: Judgment of the General Court of 31 January 2019 — Pear Technologies v EUIPO — Apple (PEAR) (EU trade mark — Opposition proceedings — Application for the EU figurative trade mark PEAR — Earlier EU figurative trade mark depicting an apple — Relative ground for refusal — No similarity between the signs — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0215
62017TA0215
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18.3.2019
Official Journal of the European Union
C 103/26
(Case T-215/17) (*)
((EU trade mark - Opposition proceedings - Application for the EU figurative trade mark PEAR - Earlier EU figurative trade mark depicting an apple - Relative ground for refusal - No similarity between the signs - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)))
(2019/C 103/33)
Language of the case: English
Parties
Applicant: Pear Technologies Ltd (Macao, China) (represented by: J. Coldham, Solicitor, and E. Himsworth QC)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Apple Inc. (Cupertino, California, United States) (represented by: J. Olsen and P. Andreottola, Solicitors, and G. Tritton, Barrister)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 (Case R 860/2016-5), relating to opposition proceedings between Apple and Pear Technologies.
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 18 January 2017 (Case R 860/2016-5);
2.Orders EUIPO to pay, in addition to its own costs, half of the costs incurred by Pear Technologies Ltd;
3.Orders Apple Inc. to pay, in addition to its own costs, half of the costs incurred by Pear Technologies.
(*) Language of the case: English.
(1) OJ C 168, 29.5.2017.