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Case T-378/18: Judgment of the General Court of 19 September 2019 — NHS v EUIPO — HLC SB Distribution (CRUZADE) (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)
ECLI:EU:UNKNOWN:62018TA0378
62018TA0378
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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.