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Case T-76/24: Judgment of the General Court of 4 June 2025 – Benschop v EUIPO – Seven Bell Group (ALWAYS RUN 4PRESIDENT) (EU trade mark – Opposition proceedings – Application for EU figurative mark ALWAYS RUN 4PRESIDENT – Earlier EU figurative mark PRESIDENT’s – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Enhanced distinctiveness of the earlier mark acquired through use)
ECLI:EU:UNKNOWN:62024TA0076
62024TA0076
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Official Journal of the European Union
C series
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C/2025/3898
21.7.2025
(Case T-76/24)
(EU trade mark - Opposition proceedings - Application for EU figurative mark ALWAYS RUN 4PRESIDENT - Earlier EU figurative mark PRESIDENT’s - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Enhanced distinctiveness of the earlier mark acquired through use)
(C/2025/3898)
Language of the case: English
Parties
Applicant: Sven Benschop (Montfoort, Netherlands) (represented by: T. Berendsen, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Stoyanova-Valchanova, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Seven Bell Group (Campi Bisenzio, Italy) (represented by: M. De Vietro, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 December 2023 (Case R 1341/2023-2).
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 December 2023 (Case R 1341/2023-2);
2.Rejects the opposition brought by Seven Bell Group;
3.Orders EUIPO and Seven Bell Group to pay the costs.
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OJ C, C/2024/2327, 2.4.2024.
ELI: http://data.europa.eu/eli/C/2025/3898/oj
ISSN 1977-091X (electronic edition)
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