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Case T-463/20: Judgment of the General Court of 1 September 2021 — Sony Interactive Entertainment Europe v EUIPO — Wong (GT RACING) (EU trade mark — Opposition proceedings — Application for EU word mark GT RACING — Earlier EU figurative trade mark representing bold curved, vertical and horizontal lines — Earlier EU word mark GT — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Earlier non-registered national marks — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Rules governing common-law action for passing off — No misrepresentation — Use in the course of trade of more than mere local significance — Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom)
ECLI:EU:UNKNOWN:62020TA0463
62020TA0463
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Valentina R., lawyer
18.10.2021
Official Journal of the European Union
C 422/14
(Case T-463/20) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark GT RACING - Earlier EU figurative trade mark representing bold curved, vertical and horizontal lines - Earlier EU word mark GT - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) - Earlier non-registered national marks - Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) - Rules governing common-law action for passing off - No misrepresentation - Use in the course of trade of more than mere local significance - Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom)
(2021/C 422/19)
Language of the case: English
Parties
Applicant: Sony Interactive Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz QC and M. Maier, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Wai Leong Wong (Glasgow, United Kingdom)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 May 2020 (Case R 1612/2019-4), relating to opposition proceedings between Sony Interactive Entertainment Europe and Mr Wong.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Sony Interactive Entertainment Europe Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).
(*) Language of the case: English.
(1) OJ C 313, 21.9.2020.
ECLI:EU:C:2021:140