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Case T-25/20: Judgment of the General Court of 11 November 2020 — Deutsche Post v EUIPO Pošta Slovenije (Representation of a stylised horn) (EU trade mark — Opposition proceedings — Application for registration of an EU figurative mark representing a stylised horn — Earlier EU figurative mark representing a post horn on a yellow background — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Lack of distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62020TA0025
62020TA0025
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Official Journal of the European Union
C 9/19
(Case T-25/20) (*)
(EU trade mark - Opposition proceedings - Application for registration of an EU figurative mark representing a stylised horn - Earlier EU figurative mark representing a post horn on a yellow background - Relative ground for refusal - No likelihood of confusion - Similarity of the signs - Lack of distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2021/C 9/28)
Language of the case: English
Parties
Applicant: Deutsche Post AG (Bonn, Germany) (represented by: M. Viefhues, 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: Pošta Slovenije d.o.o. (Maribor, Slovenia) (represented by: M. Kavčič and R. Jerovšek, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 18 November 2019 (Case R 994/2019 1) relating to opposition proceedings between Deutsche Post and Pošta Slovenije.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Deutsche Post AG to pay the costs.
(*)
Language of the case: English
ECLI:EU:C:2021:140