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Case T-635/15: Judgment of the General Court of 6 December 2016 — Tuum v EUIPO — Thun (TUUM) (EU trade mark — Application for EU figurative mark TUUM — Earlier national figurative mark THUN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0635
62015TA0635
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23.1.2017
Official Journal of the European Union
C 22/29
(Case T-635/15)(1)
((EU trade mark - Application for EU figurative mark TUUM - Earlier national figurative mark THUN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2017/C 022/39)
Language of the case: Italian
Parties
Applicant: Tuum Srl (San Giustino, Italy) (represented by: B. Saguatti, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Thun SpA (Bolzano, Italy) (represented by: L. Sergi and G. Muscas, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 3 September 2015 (Case R 2624/2014-1), relating to opposition proceedings between Thun and Tuum.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 September 2015 (Case R 2624/2014-1);
2.Rejects the opposition;
3.Orders EUIPO to bear its own costs and to pay half of the costs incurred by Tuum Srl in the proceedings before the General Court and the Board of Appeal;
4.Orders Thun SpA to bear its own costs and to pay half of the costs incurred by Tuum in the proceedings before the General Court and the Board of Appeal.
(1) OJ C 16, 18.1.2016