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Case T-197/16: Judgment of the General Court of 22 May 2019 — Andrea Incontri v EUIPO — Higicol (ANDREA INCONTRI) (European Union trade mark — Opposition proceedings — Application for the European Union word mark ANDREA INCONTRI — Earlier European Union word mark ANDREIA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Distinctive character of a first name and a surname — Power to alter decisions)
ECLI:EU:UNKNOWN:62016TA0197
62016TA0197
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Official Journal of the European Union
C 230/26
(Case T-197/16) (*)
(European Union trade mark - Opposition proceedings - Application for the European Union word mark ANDREA INCONTRI - Earlier European Union word mark ANDREIA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Distinctive character of a first name and a surname - Power to alter decisions)
(2019/C 230/31)
Language of the case: English
Parties
Applicant: Andrea Incontri Srl (Milan, Italy) (represented by: A. Perani and J. Graffer, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Higicol, SA (Baguim do monte, Portugal) (represented by: Á. Pinho and J.M. Pimenta, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 February 2016 (Case R 146/2015-4), relating to opposition proceedings between Higicol and Andrea Incontri.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 February 2016 (Case R 146/2015-4);
2.Orders EUIPO, in addition to bearing its own costs, to pay half of the costs incurred by Andrea Incontri Srl, including the costs which the latter necessarily incurred for the purposes of the proceedings before the Board of Appeal of EUIPO;
3.Orders Higicol, SA, in addition to bearing its own costs, to pay half of the costs incurred by Andrea Incontri Srl, including the costs which the latter necessarily incurred for the purposes of the proceedings before the Board of Appeal of EUIPO.
(*)
Language of the case: English