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Case T-286/20: Judgment of the General Court of 5 May 2021 — Capella v EUIPO — Cobi.bike (GOBI) (EU trade mark — Opposition proceedings — Application for the EU word mark GOBI — Earlier EU figurative mark COBI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Relevant public)
ECLI:EU:UNKNOWN:62020TA0286
62020TA0286
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Official Journal of the European Union
C 242/37
(Case T-286/20) (*)
(EU trade mark - Opposition proceedings - Application for the EU word mark GOBI - Earlier EU figurative mark COBI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Relevant public)
(2021/C 242/50)
Language of the case: German
Parties
Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: R. Klenke, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Graul and A. Söder, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Cobi.bike GmbH (Frankfurt am Main, Germany) (represented by: A. Molnar, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 14 February 2020 (Case 1685/2019-2), relating to opposition proceedings between Cobi.bike and Capella.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Capella EOOD to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Cobi.bike GmbH.
(*)
Language of the case: German.
OJ C 222, 6.7.2020.
* * *
ECLI:EU:C:2021:140