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Case T-316/23: Judgment of the General Court of 15 May 2024 – Pfriem v EUIPO – U-Control (UC) (EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark UC – Earlier EU figurative mark UC – Right to be heard – Principle of impartiality – Extent of the examination to be carried out by the Board of Appeal – Article 27(2) of Delegated Regulation (EU) 2018/625 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62023TA0316
62023TA0316
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Official Journal of the European Union
C series
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C/2024/4086
(Case T-316/23)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark UC - Earlier EU figurative mark UC - Right to be heard - Principle of impartiality - Extent of the examination to be carried out by the Board of Appeal - Article 27(2) of Delegated Regulation (EU) 2018/625 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(C/2024/4086)
Language of the case: English
Parties
Applicant: Hanns Pfriem (Schweinfurt, Germany) (represented by: M. Pütz-Poulalion, 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: U-Control Srl (Torrile, Italy) (represented by: N. Amadei, lawyer)
Re:
By his 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 16 March 2023 (Case R 1404/2022-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Hanns Pfriem, in addition to bearing his own costs, to pay those incurred by U-Control Srl;
3.Declares that the European Union Intellectual Property Office (EUIPO) shall bear its own costs.
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OJ C 261, 24.7.2023.
ELI: http://data.europa.eu/eli/C/2024/4086/oj
ISSN 1977-091X (electronic edition)
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