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Case T-493/20: Judgment of the General Court of 8 September 2021 — Sfera Joven v EUIPO — Koc (SFORA WEAR) (EU trade mark — Opposition proceedings — Application for EU word mark SFORA WEAR — Earlier EU figurative marks Sfera KIDS and Sfera — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b of Regulation (EU) 2017/1001) — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62020TA0493
62020TA0493
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25.10.2021
Official Journal of the European Union
C 431/35
(Case T-493/20)
(EU trade mark - Opposition proceedings - Application for EU word mark SFORA WEAR - Earlier EU figurative marks Sfera KIDS and Sfera - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b of Regulation (EU) 2017/1001) - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001))
(2021/C 431/41)
Language of the case: English
Parties
Applicant: Sfera Joven, SA (Madrid, Spain) (represented by: J. Rivas Zurdo, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Andrzej Koc (Kobyłka, Poland) (represented by: J. Aftyka, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 15 May 2020 (Case R 2030/2019-1) relating to opposition proceedings between Sfera Joven and Andrzej Koc.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Sfera Joven, SA, to pay the costs.
OJ C 320, 28.9.2020.