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Case C-736/18 P: Appeal brought on 26 November 2018 by Gugler France against the judgment of the General Court (Eighth Chamber) delivered on 25 September 2018 in Case T-238/17: Gugler v EUIPO
ECLI:EU:UNKNOWN:62018CN0736
62018CN0736
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Official Journal of the European Union
C 112/13
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(Case C-736/18 P)
(2019/C 112/17)
Language of the case: English
Parties
Appellant: Gugler France (represented by: S. Guerlain, avocat)
Other parties to the proceedings: European Union Intellectual Property Office, Alexander Gugler
Form of order sought
The applicant claims that the Court should:
—annul the September 25th, 2018 decision of the General Court (8th Chamber) in case T-238/17 for violation of article 8 (4) EUTMR regarding the assessment of the likelihood of confusion which correspond to the concepts of article 8 (1) (b) EUTMR;
—order Mr Alexander Gugler to bear the applicants costs in relation to the present proceeding.
Pleas in law and main arguments
The applicant alleges infringement of article 8 (4) of the EUTMR and consequently article L711-4 of the French Code of Intellectual Property by failing to establish the existence of an economic link originating from the owner of the earlier right (the applicant) and towards the applicant of the contested mark (the defendant) and, also, the possible absence of a likelihood of confusion.
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