Official Journal of the European Union

C series

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C/2024/6088

21.10.2024

(Case T-694/22)

(EU trade mark - Invalidity proceedings - EU word mark CAMOMILLA italia - Earlier EU word mark CAMOMILLA - Relative ground for refusal - Comparison of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Power of the Court to alter decisions)

(C/2024/6088)

Language of the case: Italian

Parties

Applicant: CMT Compagnia manifatture tessili Srl (CMT Srl) (Naples, Italy) (represented by: P. Marzano, G. Rubino and F. Cordova, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. L. Capostagno and R. Raponi, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Camomilla Srl (Assago, Italy) (represented by: M. Mussi and H. Chiappetta, lawyers)

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 24 August 2022 (Case R 1738/2021-2).

Operative part of the judgment

The Court:

1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 August 2022 (Case R 1738/2021-2) in so far as it finds that there is a likelihood of confusion regarding ‘Clothing (excluding bathrobes)’ in Class 25 and alters that decision in such a way as to reject the application for a declaration of invalidity of the mark registered under number 9 287 038 in respect of those goods;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs, including those incurred in the proceedings before the Board of Appeal.

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(1) OJ C 7, 9.1.2023.

ELI: http://data.europa.eu/eli/C/2024/6088/oj

ISSN 1977-091X (electronic edition)

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