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Case T-333/19: Judgment of the General Court of 28 May 2020 — Ntolas v EUIPO — General Nutrition Investment (GN GENETIC NUTRITION LABORATORIES) (EU trade mark — Opposition proceedings — Application for EU figurative mark GN GENETIC NUTRITION LABORATORIES — Earlier EU word mark GNC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0333
62019TA0333
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13.7.2020
Official Journal of the European Union
C 230/32
(Case T-333/19) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark GN GENETIC NUTRITION LABORATORIES - Earlier EU word mark GNC - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 230/40)
Language of the case: English
Parties
Applicant: Christos Ntolas (Wuppertal, Germany) (represented by: C. Renger, lawyer)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: General Nutrition Investment Co. (Wilmington, Delaware, United States) (represented by: M. Rijsdijk, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 March 2019 (Case R 1343/2017-5), relating to opposition proceedings between General Nutrition Investment and Mr Ntolas.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Christos Ntolas to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by General Nutrition Investment Co.
(*)
OJ C 246, 22.7.2019.