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Case T-368/22: Judgment of the General Court of 7 June 2023 — Cassa Centrale v EUIPO — Bankia (BANQUÌ) (EU trade mark — Opposition proceedings — Application for EU word mark BANQUÌ — Earlier EU figurative mark Bankia — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Distinctive character of the earlier mark)
ECLI:EU:UNKNOWN:62022TA0368
62022TA0368
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24.7.2023
Official Journal of the European Union
C 261/34
(Case T-368/22) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark BANQUÌ - Earlier EU figurative mark Bankia - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Distinctive character of the earlier mark)
(2023/C 261/47)
Language of the case: English
Parties
Applicant: Cassa Centrale Banca — Credito Cooperativo Italiano SpA (Trente, Italy) (represented by: J. Graffer, G. Locurto and A. Ottolini, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Bankia, SA (Madrid, Spain)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 April 2022 (Case R 1318/2021-1).
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 April 2022 (Case R 1318/2021-1) in so far as it rejected the appeal brought by Cassa Centrale Banca — Credito Cooperativo Italiano SpA in that the application for registration of the word mark BANQUÌ as an EU mark designated goods in Class 9 within the meaning of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended;
2.Dismisses the action as to the remainder;
3.Orders Cassa Centrale Banca — Credito Cooperativo Italiano and EUIPO each to bear their own costs.
(*)
Language of the case: English
OJ C 303, 8.8.2022.