Official Journal of the European Union

C series

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C/2025/563

(Case T-13/24)

(EU trade mark - Opposition proceedings - Application for EU figurative mark The King of Soho - Earlier EU and national word marks SOHO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Correction of the decision of the Board of Appeal - Article 102 of Regulation 2017/1001)

(C/2025/563)

Language of the case: English

Parties

Applicant: Pernod Ricard (Paris, France) (represented by: T. de Haan and S. Vandezande, lawyers)

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: West End Drinks Ltd (London, United Kingdom) (represented by: J.-C. Rebling, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 November 2023 (Case R 1380/2022-5), correcting the decision of 19 June 2023.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 November 2023 (Case R 1380/2022-5) in so far as it deleted paragraph 45 of the decision of the Fifth Board of Appeal of 19 June 2023 (Case R 1380/2022-5) and in so far as it amended paragraphs 95 and 98 thereof relating to the assessment of conceptual similarity, paragraph 95 thereof relating to the assessment of phonetic similarity and paragraph 107 thereof relating to the level of attention of the relevant public;

2.Dismisses the action as to the remainder;

3.Orders EUIPO, in addition to bearing its own costs, to pay those incurred by Pernod Ricard;

4.Declares that West End Drinks Ltd shall bear its own costs.

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(1) OJ C C/2024/1556, 26.2.2024.

ELI: http://data.europa.eu/eli/C/2025/563/oj

ISSN 1977-091X (electronic edition)

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