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Case T-851/19: Judgment of the General Court of 15 October 2020 — Body Attack Sports Nutrition v EUIPO — Sakkari (SAKKATTACK) (EU trade mark — Opposition proceedings — Application for the EU figurative mark SAKKATTACK — Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0851
62019TA0851
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14.12.2020
Official Journal of the European Union
C 433/48
(Case T-851/19) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark SAKKATTACK - Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 433/61)
Language of the case: English
Parties
Applicant: Body Attack Sports Nutrition GmbH & Co. KG (Hamburg, Germany) (represented by: S. Labesius, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Maria Sakkari (Nicosia, Cyprus) (represented by: M. Nikolaraki, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 October 2019 (Case R 2560/2018-4), relating to opposition proceedings between Body Attack Sports Nutrition and Ms Sakkari.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Body Attack Sports Nutrition GmbH & Co. KG to pay the costs.
(*)
Language of the case: English.
OJ C 61, 24.2.2020.