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Case T-281/21: Judgment of the General Court of 16 March 2022 — Nowhere v EUIPO — Ye (APE TEES) (EU trade mark — Opposition proceedings — Application for the EU figurative mark APE TEES — Earlier national non-registered figurative trade marks representing an ape — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law actions for passing-off — Agreement on the withdrawal of the United Kingdom from the European Union and Euratom)

ECLI:EU:UNKNOWN:62021TA0281

62021TA0281

March 16, 2022
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Official Journal of the European Union

C 198/45

(Case T-281/21) (*)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark APE TEES - Earlier national non-registered figurative trade marks representing an ape - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Rules governing common-law actions for passing-off - Agreement on the withdrawal of the United Kingdom from the European Union and Euratom)

(2022/C 198/64)

Language of the case: English

Parties

Applicant: Nowhere Co. Ltd (Tokyo, Japan) (represented by: R. Kunze, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Junguo Ye (Elche, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 10 February 2021 (Case R 2474/2017-2), relating to opposition proceedings between Nowhere Co. and Mr Ye.

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 10 February 2021 (Case R 2474/2017-2);

2.Dismisses the action as to the remainder;

3.Orders EUIPO to pay the costs.

(*)

Language of the case: English.

(1) OJ C 289, 19.7.2021.

ECLI:EU:C:2022:198

* * *

Language of the case: English.

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