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Case T-201/20: Action brought on 6 April 2020 — Berebene v EUIPO — Consorzio vino Chianti Classico (GHISU)

ECLI:EU:UNKNOWN:62020TN0201

62020TN0201

April 6, 2020
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8.6.2020

Official Journal of the European Union

C 191/38

(Case T-201/20)

(2020/C 191/51)

Language in which the application was lodged: Italian

Parties

Applicant: Berebene Srl (Rome, Italy) (represented by: A. Massimiani, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Consorzio vino Chianti Classico (Radda in Chianti, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant before the Court

Trade mark at issue: European Union figurative mark in colour GHISU — Application for registration No 17 232 571

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 23 January 2020 in Case R 592/2019-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

and, as a result, order the registration of EU figurative mark GHISU No 17 232 571 also for the goods in Class 33 of the Nice Agreement;

order EUIPO to pay the costs of the opposition and appeal proceedings.

Plea in law

Incorrect comparison of the marks at issue and incorrect global assessment of the likelihood of confusion and unfair advantage.

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