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Case T-39/16: Judgment of the General Court of 6 April 2017 — Nanu-Nana Joachim Hoepp v EUIPO — Fink (NANA FINK) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark NANA FINK — Earlier EU word mark NANA — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Duty to rule on the entirety of the action)
ECLI:EU:UNKNOWN:62016TA0039
62016TA0039
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22.5.2017
Official Journal of the European Union
C 161/25
(Case T-39/16) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark NANA FINK - Earlier EU word mark NANA - No similarity between the goods - Article 8(1)(b) of Regulation (EC) No 207/2009 - Extent of the examination to be carried out by the Board of Appeal - Duty to rule on the entirety of the action))
(2017/C 161/35)
Language of the case: German
Parties
Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: T. Boddien, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Nadine Fink (Basel, Switzerland)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 12 November 2015 (Case R 679/2014-1), relating to opposition proceedings between Nanu-Nana Joachim Hoepp and Ms Fink.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 November 2015 (Case R 679/2014-1), relating to opposition proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Ms Nadine Fink, in so far as the Board of Appeal failed to rule on the action before it with regard to ‘precious metals and their alloys’ in Class 14 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and covered by the figurative mark which was the subject of International Registration No 1111651 designating the European Union;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(<span class="super">1</span>) OJ C 106, 21.3.2016.