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Case T-599/21: Judgment of the General Court of 5 October 2022 — bett1.de v EUIPO — XXXLutz Marken (Body-Star) (EU trade mark — Invalidity proceedings — EU word mark Body-Star — Earlier EU word mark Bodyguard — Relative ground for refusal — Article 60(1)(a) of Regulation (EU) 2017/1001, read in conjunction with Article 8(1)(b) of that regulation)
ECLI:EU:UNKNOWN:62021TA0599
62021TA0599
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Official Journal of the European Union
C 463/37
(Case T-599/21) (*)
(EU trade mark - Invalidity proceedings - EU word mark Body-Star - Earlier EU word mark Bodyguard - Relative ground for refusal - Article 60(1)(a) of Regulation (EU) 2017/1001, read in conjunction with Article 8(1)(b) of that regulation)
(2022/C 463/51)
Language of the case: German
Parties
Applicant: bett1.de GmbH (Berlin, Germany) (represented by: O. Brexl, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and E. Markakis, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, lawyer)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 July 2021 (Case R 1712/2020-2).
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of EUIPO of 14 July 2021 (Case R 1712/2020-2) as regards ‘mattresses; mattress toppers; beds; bed frames; slatted bases for beds; bedding, except linen; cushions; pillows; neck-supporting pillows; waterbeds, not for medical purposes; air mattresses’ in Class 20 and ‘bed throws; bed linen and blankets; ticks [mattress covers]; mattress covers; ticks (mattress and pillow coverings); sleeping bags’ in Class 24;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(*)
Language of the case: German
* * *
(1) OJ C 452, 8.11.2021.