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Case T-296/22: Judgment of the General Court of 11 October 2023 — Flowbird v EUIPO — APCOA Parking Holdings (FLOWBIRD) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark FLOWBIRD — Earlier EU figurative mark FLOW — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62022TA0296
62022TA0296
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Official Journal of the European Union
Series C
C/2023/978
27.11.2023
(Case T-296/22) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark FLOWBIRD - Earlier EU figurative mark FLOW - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(C/2023/978)
Language of the case: English
Parties
Applicant: Flowbird (Neuilly sur-Seine, France) (represented by: C. Pecnard and M. Simonnet, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Schäfer, T. Klee and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: APCOA Parking Holdings GmbH (Stuttgart, Germany) (represented by: M. Straub, 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 3 March 2022 (Case R 748/2021-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Flowbird to pay the costs.
(*)
Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/978/oj
ISSN 1977-091X (electronic edition)