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Case T-735/15: Judgment of the General Court of 6 December 2016 — The Art Company B & S v EUIPO — Manifatture Daddato and Laurora (SHOP ART) (EU trade mark — Opposition proceedings — Application for an EU figurative mark SHOP ART — Earlier EU figurative mark art — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62015TA0735
62015TA0735
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23.1.2017
Official Journal of the European Union
C 22/31
(Case T-735/15)(1)
((EU trade mark - Opposition proceedings - Application for an EU figurative mark SHOP ART - Earlier EU figurative mark art - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2017/C 022/41)
Language of the case: English
Parties
Applicant: The Art Company B & S, SA (Quel, Spain) (represented by: L. Sánchez Calderón and J. Villamor Muguerza, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Manifatture Daddato SpA (Barletta, Italy) (represented by: D. Russo, lawyer)
Other party to the proceedings before the Board of Appeal of EUIPO: Sabina Laurora (Trani, Italy)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 8 October 2015 (Case R 3050/2014-1), relating to opposition proceedings between The Art Company B & S, on the one hand, and Manifatture Daddato and Ms Laurora, on the other.
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 8 October 2015 (Case R 3050/2014-1);
2.Orders each party to bear its own costs.
OJ C 68, 22.2.2016.