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Case T-875/19: Judgment of the General Court of 25 November 2020 — Impera v EUIPO — Euro Games Technology (Flaming Forties) (EU trade mark — Opposition proceedings — Application for the EU figurative mark Flaming Forties — Earlier national figurative mark 40 FLAMING FRUITS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62019TA0875
62019TA0875
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Official Journal of the European Union
C 28/44
(Case T-875/19)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark Flaming Forties - Earlier national figurative mark 40 FLAMING FRUITS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2021/C 28/68)
Language of the case: English
Parties
Applicant: Impera GmbH (Steinhaus, Austria) (represented by: C. Straberger, lawyer)
Defendant: European Union Intellectual Property Office (represented by: I. Lecheva, J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Euro Games Technology Ltd (Vranya-Lozen-Triugulnika, Bulgaria) (represented by: K. Manev, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 October 2019 (Case R 2321/2018-5), relating to opposition proceedings between Euro Games Technology and Impera.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Impera GmbH to pay the costs.
OJ C 129, 20.4.2020.