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Case T-351/20: Judgment of the General Court of 20 October 2021 — St. Hippolyt v EUIPO — Raisioaqua (Vital like nature) (EU trade mark — Opposition proceedings — Application for the EU figurative mark Vital like nature — Earlier EU figurative mark VITAL — 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))
ECLI:EU:UNKNOWN:62020TA0351
62020TA0351
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13.12.2021
Official Journal of the European Union
C 502/23
(Case T-351/20) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark Vital like nature - Earlier EU figurative mark VITAL - 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))
(2021/C 502/35)
Language of the case: English
Parties
Applicant: St. Hippolyt Holding GmbH (Dielheim, Germany) (represented by: M. Gail, 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: Raisioaqua Oy (Raisio, Finland) (represented by: K. Rantala, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 9 March 2020 (Case R 1279/2019-2) relating to opposition proceedings between Raisioaqua and St. Hippolyt Holding.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders St. Hippolyt Holding GmbH to pay the costs.
(*) Language of the case: English.
(1) OJ C 247, 27.7.2020.
ECLI:EU:C:2021:140