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Case C-328/18 P: Judgment of the Court (Fourth Chamber) of 4 March 2020 — European Union Intellectual Property Office v Equivalenza Manufactory, SL (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Assessment of the similarity of the signs at issue — Global assessment of the likelihood of confusion — Consideration of marketing circumstances — Counteraction of a phonetic similarity through visual and conceptual differences — Conditions for counteraction)
ECLI:EU:UNKNOWN:62018CA0328
62018CA0328
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11.5.2020
Official Journal of the European Union
C 161/6
(Case C-328/18 P)
(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Likelihood of confusion - Assessment of the similarity of the signs at issue - Global assessment of the likelihood of confusion - Consideration of marketing circumstances - Counteraction of a phonetic similarity through visual and conceptual differences - Conditions for counteraction)
(2020/C 161/08)
Language of the case: Spanish
Parties
Appellant: European Union Intellectual Property Office (EUIPO) (represented by: J.F. Crespo Carrillo, acting as Agent)
Other party to the proceedings: Equivalenza Manufactory, SL (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, abogados)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 7 March 2018, Equivalenza Manufactory v EUIPO — ITM Entreprises (BLACK LABEL BY EQUIVALENZA) (T-6/17, not published, EU:T:2018:119);
2.Dismisses the action for annulment brought by Equivalenza Manufactory SL before the General Court of the European Union in Case T–6/17;
3.Orders Equivalenza Manufactory SL to bear its own costs relating both to the proceedings at first instance in Case T-6/17 and to the appeal proceedings and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) in both of those proceedings.
(1) OJ C 341, 24.9.2018.