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Case T-21/19: Judgment of the General Court of 8 July 2020 — Pablosky v EUIPO — docPrice (mediFLEX easySTEP) (EU trade mark — Opposition proceedings — Application for the EU figurative mark mediFLEX easySTEP — Earlier EU figurative mark Stepeasy — Relative grounds for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0021
62019TA0021
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Official Journal of the European Union
C 313/26
(Case T-21/19) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark mediFLEX easySTEP - Earlier EU figurative mark Stepeasy - Relative grounds for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 313/37)
Language of the case: English
Parties
Applicant: Pablosky, SL (Madrid, Spain) (represented by: M. Centell, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, H. O’Neill and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: docPrice GmbH (Koblenz, Germany) (represented by: K. Landes, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 November 2018 (Case R 76/2018-4), relating to opposition proceedings between Pablosky and docPrice.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2018 (Case R 76/2018-4), relating to opposition proceedings between Pablosky, SL and docPrice GmbH, in so far as it concerns ‘clothing’ and ‘headgear’ in Class 25 of the Nice Agreement;
2.Dismisses the appeal which docPrice brought before the Board of Appeal of EUIPO in so far as it concerns the goods referred to in point 1;
3.Dismisses the action as to the remainder;
4.Orders each party to bear its own costs.
(*) Language of the case: English.
(1) OJ C 82, 4.3.2019.