(Case T-264/17) (*1)

‘(EU trade mark — Opposition proceedings — Application for the EU word mark SMATRIX — Prior EU figurative mark AsyMatrix — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Extent of the examination to be carried out by the Board of Appeal — Failure to assess an item of evidence produced before the Opposition Division)’

Language of the case: English

Parties

Applicant: Uponor Innovation AB (Borås, Sweden) (represented by: A. Kylhammar, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Swep International AB (Landskrona, Sweden) (represented by: J. Norderyd and C. Sundén, lawyers)

Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 1 March 2017 (Case R 236/2016-2), relating to opposition proceedings between Swep International and Uponor Innovation.

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 1 March 2017 (Case R 236/2016-2);

2.Orders EUIPO to bear its own costs and to pay those incurred by Uponor Innovation in the proceedings before the General Court;

3.Orders Swep International AB to bear its own costs and to pay those incurred by Uponor Innovation in the proceedings before the Board of Appeal of EUIPO.

*

(*1) OJ C 221, 10.7.2017.