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Case T-593/23: Judgment of the General Court of 11 June 2025 – Nio v EUIPO – Audi (ES6) (EU trade mark – Invalidity proceedings – EU word mark ES6 – Earlier EU word mark S6 – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Articles 15 and 57 of Regulation No 207/2009 (now Articles 18 and 64 of Regulation 2017/1001) – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62023TA0598
62023TA0598
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Official Journal of the European Union
C series
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C/2025/4043
28.7.2025
(Case T-593/23)
(EU trade mark - Invalidity proceedings - EU word mark ES6 - Earlier EU word mark S6 - Relative ground for invalidity - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Proof of genuine use of the earlier mark - Articles 15 and 57 of Regulation No 207/2009 (now Articles 18 and 64 of Regulation 2017/1001) - Evidence submitted for the first time before the Board of Appeal - Article 95(2) of Regulation 2017/1001)
(C/2025/4043)
Language of the case: German
Parties
Applicant: Nio Holding Co. Ltd (Hefei, China) (represented by: T. Hogh Holub, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Audi AG (Ingolstadt, Germany) (represented by: C. Kessler, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 July 2023 (Case R 548/2023-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Nio Holding Co. Ltd to pay the costs.
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OJ C, C/2023/673, 13.11.2023.
ELI: http://data.europa.eu/eli/C/2025/4043/oj
ISSN 1977-091X (electronic edition)
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