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Case T-176/17: Judgment of the General Court of 19 September 2019 — WhiteWave Services v EUIPO — Fernandes (VeGa one) (EU trade mark — Opposition proceedings — Application for EU figurative mark VeGa one — International registration designating the European Union in respect of the earlier word mark Vegas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0176
62017TA0176
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25.11.2019
Official Journal of the European Union
C 399/41
(Case T-176/17) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark VeGa one - International registration designating the European Union in respect of the earlier word mark Vegas - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2019/C 399/48)
Language of the case: English
Parties
Applicant: WhiteWave Services, Inc. (Broomfield, Colorado, United States), authorised to replace Sequel Naturals ULC (represented by: H. Lindström, lawyer)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carlos Fernandes (Groß-Umstadt, Germany) (represented by: T. Stein, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 9 January 2017 (Case R 2466/2015-1), relating to opposition proceedings between Mr Carlos Fernandes and Sequel Naturals.
Operative part of the judgment
The Court:
1.Grants WhiteWave Services, Inc. leave to replace Sequel Naturals ULC as applicant;
2.Dismisses the action;
3.Orders WhiteWave Services to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO);
4.Orders Mr Carlos Fernandes to bear his own costs.
(*)
Language of the case: English