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Case T-566/15: Judgment of the General Court of 20 September 2016 — Excalibur City v EUIPO — Ferrero (MERLIN’S KINDERWELT) (EU trade mark — Opposition proceedings — Application for registration of an EU figurative mark MERLIN’S KINDERWELT — Earlier national word mark KINDER — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0566
62015TA0566
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31.10.2016
Official Journal of the European Union
C 402/43
(Case T-566/15)(1)
((EU trade mark - Opposition proceedings - Application for registration of an EU figurative mark MERLIN’S KINDERWELT - Earlier national word mark KINDER - Relative ground for refusal - No similarity between the signs - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 402/50)
Language of the case: English
Parties
Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. Engin-Deniz, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Simandlova and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ferrero SpA (Alba, Italy) (represented by: L. Ghedina and F. Jacobacci, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 16 July 2015 (Case R 1617/2014-1), relating to opposition proceedings between Ferrero and Excalibur City.
Operative part of the judgment
The Court:
1.Alters the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2015 (Case R 1617/2014-1) in such a way as to hold that the appeal brought by Excalibur City s.r.o. before the Board of Appeal is well founded and, consequently, that the opposition must be rejected;
2.Orders EUIPO to bear its own costs and to pay those incurred by Excalibur City;
3.Orders Ferrero SpA to bear its own costs.
OJ C 398, 30.11.2015.