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Case T-755/20: Judgment of the General Court of 10 November 2021 — Nissan Motor v EUIPO — VDL Groep (VDL E-POWER) (EU trade mark — Opposition proceedings — Application for the EU word mark VDL E-POWER — Earlier national figurative marks e-POWER — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001)

ECLI:EU:UNKNOWN:62020TA0755

62020TA0755

November 10, 2021
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3.1.2022

Official Journal of the European Union

C 2/36

(Case T-755/20)

(EU trade mark - Opposition proceedings - Application for the EU word mark VDL E-POWER - Earlier national figurative marks e-POWER - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)

(2022/C 2/49)

Language of the case: English

Parties

Applicant: Nissan Motor Co. Ltd (Yokohama-shi, Japan) (represented by: P. Martini-Berthon, lawyer)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: VDL Groep BV (Eindhoven, Netherlands) (represented by: M. Rijks, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 20 October 2020 (Case R 2914/2019-1), relating to opposition proceedings between Nissan Motor and VDL Groep.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Nissan Motor Co. Ltd to bear its own costs and to pay those of the European Union Intellectual Property Office (EUIPO) and of VDL Groep BV.

OJ C 53, 15.2.2021.

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