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Case T-808/16: Judgment of the General Court of 30 January 2018 — Jean Patou Worldwide v EUIPO — Emboga (HISPANITAS JOY IS A CHOICE) (EU trade mark — Opposition proceedings — Application for EU figurative mark HISPANITAS JOY IS A CHOICE — Earlier EU word mark JOY — Genuine use of the earlier mark — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

ECLI:EU:UNKNOWN:62016TA0808

62016TA0808

January 30, 2018
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12.3.2018

Official Journal of the European Union

C 94/22

(Case T-808/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark HISPANITAS JOY IS A CHOICE - Earlier EU word mark JOY - Genuine use of the earlier mark - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 094/29)

Language of the case: English

Parties

Applicant: Jean Patou Worldwide Ltd (Watford, United Kingdom) (represented by: S. Baran, Barrister)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, A. Folliard-Monguiral and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Emboga, SA (Petrel, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 June 2016 (Case R 235/2016-1), relating to opposition proceedings between Jean Patou Worldwide and Emboga.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Jean Patou Worldwide Ltd to pay the costs.

OJ C 14, 16.1.2017.

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