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Case T-78/18: Judgment of the General Court of 22 November 2018 — AB Mauri Italy v EUIPO — Lesaffre (FERMIN) (EU trade mark — Opposition proceedings — Application for registration of the EU word mark FERMIN — Earlier international and Benelux word marks FERMIPAN — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62018TA0078
62018TA0078
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4.2.2019
Official Journal of the European Union
C 44/47
(Case T-78/18) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for registration of the EU word mark FERMIN - Earlier international and Benelux word marks FERMIPAN - Relative ground for refusal - Article 8(1)(b) of Regulation 2017/1001))
(2019/C 44/59)
Language of the case: English
Parties
Applicant: AB Mauri Italy SpA (Casteggio, Italy) (represented by: B. Brandreth, Barrister, and G. Hussey, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: S. Bonne and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Lesaffre et Cie (Paris, France)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 December 2017 (Joined Cases R 2027/2016-4 and R 2254/2016-4), relating to opposition proceedings between AB Mauri Italy and Lesaffre et Cie.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of EUIPO of 4 December 2017 (Joined Cases R 2027/2016-4 and R 2254/2016–4) in so far as it rejected, for lack of similarity with ‘yeast’ in Class 30, the opposition to registration of the word mark FERMIN in respect of some of the goods in the same class, namely ‘mixes for bakery products; bakery mixtures (ready-to-use bread mixes); yeast- based preparations for pastries and pizza dough’;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to pay, in addition to its own costs, those incurred by AB Mauri Italy SpA.
(<span class="note">1</span>) OJ C 112, 26.3.2018.