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Case T-61/16: Judgment of the General Court of 7 December 2017 — Coca-Cola v EUIPO — Mitico (Master) (EU trade mark — Opposition proceedings — Application for the EU figurative mark Master — Earlier European Union figurative marks Coca-Cola and earlier national figurative mark C — Relative ground for refusal — Unfair advantage taken of the reputation of earlier marks — Evidence relating to the commercial use, outside the European Union, of a sign comprising the mark applied for — Logical inferences — Decision taken following the annulment by the General Court of an earlier decision — Article 8(5) and Article 65(6) of Regulation (EC) No 207/2009 (now Article 8(5) and Article 72(6) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62016TA0061
62016TA0061
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Valentina R., lawyer
29.1.2018
Official Journal of the European Union
C 32/22
(Case T-61/16)(<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for the EU figurative mark Master - Earlier European Union figurative marks Coca-Cola and earlier national figurative mark C - Relative ground for refusal - Unfair advantage taken of the reputation of earlier marks - Evidence relating to the commercial use, outside the European Union, of a sign comprising the mark applied for - Logical inferences - Decision taken following the annulment by the General Court of an earlier decision - Article 8(5) and Article 65(6) of Regulation (EC) No 207/2009 (now Article 8(5) and Article 72(6) of Regulation (EU) 2017/1001)))
(2018/C 032/29)
Language of the case: English
Parties
Applicant: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: S. Malynicz, QC, S. Baran, barrister, D. Stone and A. Dykes, Solicitors)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damas, Syria) (represented by: A.-E. Malamis, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 December 2015 (Case R 1251/2015-4), relating to opposition proceedings between The Coca-Cola Company and Mitico.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2015 (Case R 1251/2015-4);
2.Orders EUIPO to bear its own costs and to pay those incurred by The Coca-Cola Company, including the costs of the proceedings before the Board of Appeal of EUIPO;
3.Orders Modern Industrial & Trading Investment Co. Ltd (Mitico) to bear its own costs.
(<span class="super">1</span>) OJ C 111, 29.3.2016.