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Case T-358/15: Judgment of the General Court of 15 September 2016 — Arrom Conseil v EUIPO — PUIG France (Roméo has a Gun by Romano Ricci) (EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci — Earlier EU word marks NINA RICCI and RICCI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier marks — Damage to reputation — Article 8(5) of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62015TA0358

62015TA0358

September 15, 2016
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24.10.2016

Official Journal of the European Union

C 392/36

(Case T-358/15)(1)

((EU trade mark - Opposition proceedings - Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci - Earlier EU word marks NINA RICCI and RICCI - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or reputation of the earlier marks - Damage to reputation - Article 8(5) of Regulation No 207/2009))

(2016/C 392/45)

Language of the case: English

Parties

Applicant: Arrom Conseil (Paris, France) (represented by: C. Herissay Ducamp and J. Blanchard, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: PUIG France SAS (Paris, France) (represented by: E. Armijo Chávarri, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 26 March 2015 (Case R 1020/2014-1) relating to opposition proceedings between Puig France and Arrom Conseil.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Arrom Conseil to bear its own costs and pay the costs incurred by the European Union Intellectual Property Office and PUIG France SAS.

OJ C 294, 7.9.2015.

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