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Case T-14/15: Judgment of the General Court of 20 October 2016 — Lufthansa AirPlus Servicekarten v EUIPO — Mareea Comtur (airpass.ro) (EU trade mark — Opposition proceedings — Application for EU figurative mark airpass.ro — Earlier EU word mark AirPlus International — Opposition dismissed — Rule 21 of Regulation (EC) No 2865/95 — No need to adjudicate — Article 81(4) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0014
62015TA0014
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Official Journal of the European Union
C 454/22
(Case T-14/15) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark airpass.ro - Earlier EU word mark AirPlus International - Opposition dismissed - Rule 21 of Regulation (EC) No 2865/95 - No need to adjudicate - Article 81(4) of Regulation (EC) No 207/2009))
(2016/C 454/41)
Language of the case: English
Parties
Applicant: Lufthansa AirPlus Servicekarten GmbH (Neu Isenburg, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Melgar and H. Kunz, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: SC Mareea Comtur SRL (Deva, Romania)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 October 2014 (Case R 1918/2013-5), relating to opposition proceedings between Lufthansa AirPlus Servicekarten and SC Mareea Comtur.
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 17 October 2014 (Case R 1918/2013-5) in so far as it concerns ‘advertising; business management; business administration; office functions’ in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended;
2.Orders EUIPO to bear its own costs and those incurred by Lufthansa AirPlus Servicekarten GmbH.
(*) Language of the case: English.
ECLI:EU:C:2016:454
* * *
(1) OJ C 81, 9.3.2015.