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Case T-507/23: Judgment of the General Court of 6 November 2024 – ZB v EUIPO – Muhsinoglu (X ENERGY DRINK) (EU trade mark – Opposition proceedings – Application for EU figurative mark ENERGY DRINK – Earlier EU figurative mark X Energy Drink – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62023TA0507
62023TA0507
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Official Journal of the European Union
C series
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C/2025/68
(Case T-507/23)
(EU trade mark - Opposition proceedings - Application for EU figurative mark ENERGY DRINK - Earlier EU figurative mark X Energy Drink - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(C/2025/68)
Language of the case: English
Parties
Applicant: ZB (represented by: P. Korolko, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Siyabend Goran Muhsinoglu (Troisdorf, Germany) (represented by: C. Weil, lawyer)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2023 (Case R 221/2023-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ZB, in addition to bearing his own costs, to pay those incurred by Siyabend Goran Muhsinoglu before the General Court;
3.Declares that the European Union Intellectual Property Office (EUIPO) shall bear its own costs.
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Language of the case: English.
OJ C C/2023/219, 23.10.2023.
ELI: http://data.europa.eu/eli/C/2025/68/oj
ISSN 1977-091X (electronic edition)
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