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Case T-342/20: Judgment of the General Court of 6 October 2021 — Indo European Foods v EUIPO — Chakari (Abresham Super Basmati Selaa Grade One World’s Best Rice) (EU trade mark — Opposition proceedings — Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice — Earlier non-registered word mark BASMATI — Agreement on the withdrawal of the United Kingdom from the European Union and Euratom — Transition period — Interest in bringing proceedings — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common law actions for passing off — Likelihood of misrepresentation — Likelihood of dilution of the reputation of the earlier mark)
ECLI:EU:UNKNOWN:62020TA0342
62020TA0342
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29.11.2021
Official Journal of the European Union
C 481/23
(Case T-342/20) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice - Earlier non-registered word mark BASMATI - Agreement on the withdrawal of the United Kingdom from the European Union and Euratom - Transition period - Interest in bringing proceedings - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Rules governing common law actions for passing off - Likelihood of misrepresentation - Likelihood of dilution of the reputation of the earlier mark)
(2021/C 481/32)
Language of the case: English
Parties
Applicant: Indo European Foods Ltd (Harrow, United Kingdom) (represented by: A. Norris, Barrister, and N. Welch, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Hamid Ahmad Chakari (Vienna, Austria)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 April 2020 (Case R 1079/2019 4), relating to opposition proceedings between Indo European Foods and Mr Chakari.
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 April 2020 (Case R 1079/2019-4);
2.Dismisses the action as to the remainder;
3.Orders EUIPO to pay the costs, including the costs necessarily incurred by Indo European Foods Ltd for the purposes of the proceedings before the Board of Appeal of EUIPO.
(*)
Language of the case: English
ECLI:EU:C:2021:140
* * *
(*) Language of the case: English.