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Case T-238/17: Judgment of the General Court of 25 September 2018 — Gugler v EUIPO — Gugler France (GUGLER) (EU trade mark — Invalidity proceedings — EU figurative mark GUGLER — Earlier national company name Gugler France — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Likelihood of confusion)
ECLI:EU:UNKNOWN:62017TA0238
62017TA0238
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12.11.2018
Official Journal of the European Union
C 408/52
(Case T-238/17) (*)
((EU trade mark - Invalidity proceedings - EU figurative mark GUGLER - Earlier national company name Gugler France - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Likelihood of confusion))
(2018/C 408/66)
Language of the case: English
Parties
Applicant: Alexander Gugler (Maxdorf, Germany) (represented by: M.-C. Simon, lawyer)
Defendant: European Union Intellectual Property Office (represented by: initially P. Sipos, and subsequently by A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gugler France (Besançon, France) (represented by: A. Grolée, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 31 January 2017 (Case R 1008/2016-1), relating to invalidity proceedings between Gugler France and Mr Gugler.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 January 2017 (Case R 1008/2016-1);
2.Orders EUIPO to bear its own costs and to pay those incurred by Mr Alexander Gugler;
3.Orders Gugler France to bear its own costs.
(*) Language of the case: English.