18.3.2019

Official Journal of the European Union

C 103/37

(Case T-800/17) (*)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark FIGHT LIFE - Earlier EU word mark FIGHT FOR LIFE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)))

(2019/C 103/48)

Language of the case: German

Parties

Applicant: Brown Street Holdings Ltd (Auckland, New Zealand) (represented by: initially C. Hufnagel, M. Kleespies, J. Clayton-Chen and A. Bender, and subsequently M. Kleespies and A. Bender, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka and M. Fischer, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Enesan AG (Zurich, Switzerland)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 September 2017 (Case R 36/2017-2) relating to opposition proceedings between Brown Street Holdings and Enesan.

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 26 September 2017 (Case R 36/2017-2) in so far as it rejected the opposition against the application for registration of the mark applied for in respect of the goods in Class 5 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.Orders EUIPO to bear its own costs and to pay those incurred by Brown Street Holdings Ltd.

(*) Language of the case: German.