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(Case T-58/16)(1)
((EU trade mark - Opposition proceedings - Application for the EU word mark APAX - Earlier international word mark APAX - Relative ground for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009))
(2017/C 030/54)
Language of the case: English
Applicant: Apax Partners LLP (London, United Kingdom) (represented by: D. Rose, J. Warner and J. Curry, Solicitors)
Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and I. Moisescu, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Apax Partners Midmarket (Paris, France) (represented by: C. Moyou Joly, lawyer)
Action brought against the decision of the Second Board of Appeal of EUIPO of 26 November 2015 (Case R 1441/2014-2), relating to opposition proceedings between Apax Partners Midmarket and Apax Partners.
The Court:
1.Dismisses the action;
2.Orders APAX Partners LLP to pay the costs, including those necessarily incurred by APAX Partners Midmarket, for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).
(1) OJ C 111, 29.3.2016.