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Case T-511/22: Judgment of the General Court of 25 October 2023 — Olimp Laboratories v EUIPO — Schmitzer (HPU AND YOU) (EU trade mark — Opposition proceedings — Application for EU figurative mark HPU AND YOU — Earlier EU and national figurative marks representing three hexagons — Earlier EU figurative mark OLIMP — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Family of marks — Legitimate expectations — Legal certainty)
ECLI:EU:UNKNOWN:62022TA0511
62022TA0511
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Official Journal of the European Union
Series C
C/2023/1302
(Case T-511/22) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark HPU AND YOU - Earlier EU and national figurative marks representing three hexagons - Earlier EU figurative mark OLIMP - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Family of marks - Legitimate expectations - Legal certainty)
(C/2023/1302)
Language of the case: English
Parties
Applicant: Olimp Laboratories sp. z o.o. (Dębica, Poland) (represented by: M. Kondrat, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sonja Schmitzer (Teltow, Germany) (represented by: D. Breuer, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2022 (Case R 1888/2021-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Olimp Laboratories sp. z o.o. to pay the costs;
3.Orders Ms Sonja Schmitzer to bear her own costs.
*
(*) Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/1302/oj
ISSN 1977-091X (electronic edition)