Official Journal of the European Union

C series

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C/2025/1642

24.3.2025

(Case T-607/23)

(EU trade mark - Opposition proceedings - Application for EU figurative mark ELIOS - Earlier EU word mark HELIOS and earlier national figurative mark HELIOS - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Damage to reputation - Article 8(5) of Regulation 2017/1001 - Cross-claim)

(C/2025/1642)

Language of the case: English

Parties

Applicant: Desimo, Lda (Lisbon, Portugal) (represented by: J. Mioludo, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dulces y conservas Helios, SA (Arroyo de la Encomienda, Spain) (represented by K. Guridi Sedlak, lawyer)

Re:

By its 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 17 July 2023 (Joined Cases R 1826/2022-5 and R 1833/2022-5).

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 July 2023 (Joined Cases R 1826/2022-5 and R 1833/2022-5) in so far as it dismissed the appeal filed by the intervener in relation to the ‘sowing seeds’, ‘pet food’ and ‘cat litter’ in Class 31 covered by the mark applied for;

2.Dismisses the main action;

3.Dismisses the cross-claim as to the remainder;

4.Orders Desimo, Lda to bear its own costs and to pay those incurred by Dulces y conservas Helios, SA relating to the main action;

5.Orders Dulces y conservas Helios and Desimo to bear their own costs relating to the cross-claim;

6.Orders EUIPO to bear its own costs.

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OJ C C/2023/676, 13.11.2023.

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ELI: http://data.europa.eu/eli/C/2025/1642/oj

ISSN 1977-091X (electronic edition)

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