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Case T-268/18: Judgment of the General Court of 27 June 2019 — Sandrone v EUIPO — J. Garcia Carrion (Luciano Sandrone) (EU trade mark — Opposition proceedings — Application for EU word mark Luciano Sandrone — Earlier EU word mark DON LUCIANO — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001 — Application for an EU word mark consisting of a first name and of a surname — Earlier mark consisting of an honorific title and a first name — Neutrality of the conceptual comparison — No likelihood of confusion)
ECLI:EU:UNKNOWN:62018TA0268
62018TA0268
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Official Journal of the European Union
C 305/50
(Case T-268/18) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark Luciano Sandrone - Earlier EU word mark DON LUCIANO - Genuine use of the earlier mark - Article 47(2) and (3) of Regulation (EU) 2017/1001 - Relative ground for refusal - Article 8(1)(b) of Regulation 2017/1001 - Application for an EU word mark consisting of a first name and of a surname - Earlier mark consisting of an honorific title and a first name - Neutrality of the conceptual comparison - No likelihood of confusion)
(2019/C 305/59)
Language of the case: English
Parties
Applicant: Luciano Sandrone (Barolo, Italy) (represented by: A. Borra, lawyer)
Defendant: European Union Intellectual Property Office (represented by: K. Kompari and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: J. García Carrión, SA (Jumilla, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 26 February 2018 (Case R 1207/2017-2), relating to opposition proceedings between J. García Carrión and Luciano Sandrone.
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 February 2018 (Case R 1207/2017-2);
2.Orders EUIPO to bear its own costs and to pay those incurred by Mr Luciano Sandrone.
(*)
OJ C 231, 2.7.2018.