Official Journal of the European Union

C 406/31

(Case T-378/18) (*)

(EU trade mark - Opposition proceedings - Application for EU word mark CRUZADE - Earlier EU figurative mark SANTA CRUZ - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001 - Enhanced distinctiveness of the earlier mark)

(2019/C 406/41)

Language of the case: English

Parties

Applicant: NHS, Inc. (Santa Cruz, California, United States) (represented by: P. Olson, lawyer)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: HLC SB Distribution, SL (Irún, Spain)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 April 2018 (Case R 1217/2017-5), relating to opposition proceedings between NHS and HLC SB Distribution.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders NHS, Inc., to pay the costs.

(*)

Language of the case: English.

(1) OJ C 276, 6.8.2018.