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Case T-12/18: Judgment of the General Court of 14 May 2019 — Zweirad-Center Stadler v EUIPO — Triumph Designs (Triumph) (EU trade mark — Opposition proceedings — Application for the EU word mark Triumph — Earlier EU word mark TRIUMPH — Partial rejection of the application for registration — Relative ground for refusal — Likelihood of confusion — Identical signs — Enhanced distinctiveness of the earlier mark acquired through use — Similarity between products — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0012
62018TA0012
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Official Journal of the European Union
C 230/35
(Case T-12/18) (*)
(EU trade mark - Opposition proceedings - Application for the EU word mark Triumph - Earlier EU word mark TRIUMPH - Partial rejection of the application for registration - Relative ground for refusal - Likelihood of confusion - Identical signs - Enhanced distinctiveness of the earlier mark acquired through use - Similarity between products - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 230/43)
Language of the case: English
Parties
Applicant: Zweirad-Center Stadler GmbH (Regensburg, Germany) (initially represented by: P. Ruess and A. Doepner-Thiele, subsequently by P. Ruess, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Triumph Designs Ltd (Swadlincote, United Kingdom) (represented by: S. Malynicz QC)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 November 2017 (Case R 665/2017-5), relating to opposition proceedings between Triumph Designs and Zweirad-Center Stadler.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Zweirad-Center Stadler GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Triumph Designs Ltd to bear its own costs.
(*)
Language of the case: English
* * *
(1) OJ C 72, 26.2.2018.