Official Journal of the European Union

C series

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C/2024/6434

(Case T-1099/23)

(EU trade mark - Opposition proceedings - Application for the EU word mark LEMOON - Earlier national word mark LENNON - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(C/2024/6434)

Language of the case: French

Parties

Applicant: Miguel Ángel Rodríguez Ruiz (Albelda de Iregua, Spain) (represented by: J. Pérez Itarte, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Markus Scherer (Mannheim, Germany) (represented by: P. Greffe, lawyer)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 July 2023 (Case R 352/2023-5).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Miguel Ángel Rodríguez Ruiz to bear his own costs and to pay those incurred by Mr Markus Scherer;

3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.

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Language of the case: French.

ELI: http://data.europa.eu/eli/C/2024/6434/oj

ISSN 1977-091X (electronic edition)

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