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Case T 79/23: Judgment of the General Court of 29 May 2024 – Chiquita Brands v EUIPO – Jara 2000 (CHIQUITA QUEEN) (EU trade mark – Opposition proceedings – Application for the EU word mark CHIQUITA QUEEN – Earlier EU figurative mark Red Queen – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62023TA0079
62023TA0079
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Official Journal of the European Union
C series
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C/2024/4330
15.7.2024
(Case T 79/23)
(EU trade mark - Opposition proceedings - Application for the EU word mark CHIQUITA QUEEN - Earlier EU figurative mark Red Queen - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EU) 2017/1001)
(C/2024/4330)
Language of the case: English
Parties
Applicant: Chiquita Brands LLC (Fort Lauderdale, Florida, United States) (represented by: R. Dissmann and L. Jones, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Jara 2000, SL (Murcia, Spain) (represented by: M. Salas Martín, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2022 (Case R 1811/2021-2).
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2022 (Case R 1811/2021-2);
2.Orders EUIPO to bear its own costs and to pay those incurred by Chiquita Brands LLC, including the costs necessarily incurred by the latter for the purposes of the proceedings before the Board of Appeal of EUIPO;
3.Orders Jara 2000, SL to bear its own costs, including those incurred before the Board of Appeal of EUIPO.
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Language of the case: English.
ELI: http://data.europa.eu/eli/C/2024/4330/oj
ISSN 1977-091X (electronic edition)
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*1 Language of the case: English.