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Case T-1188/23: Judgment of the General Court of 22 January 2025 – Rain Carbon Germany v EUIPO – Novaresine (NOVARESINE INNOVATION GOES GREEN) (EU trade mark – Opposition proceedings – Application for EU figurative mark NOVARESINE INNOVATION GOES GREEN – Earlier EU word mark Novares – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Alteration)
ECLI:EU:UNKNOWN:62023TA1188
62023TA1188
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Official Journal of the European Union
C series
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C/2025/1432
(Case T-1188/23)
(EU trade mark - Opposition proceedings - Application for EU figurative mark NOVARESINE INNOVATION GOES GREEN - Earlier EU word mark Novares - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Alteration)
(C/2025/1432)
Language of the case: English
Parties
Applicant: Rain Carbon Germany GmbH (Castrop-Rauxel, Germany) (represented by: R. Fischer and T. Moll, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Novaresine Srl (Lazise, Italy) (represented by: A. Rizzoli and F. Ghini, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and the alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 October 2023 (Case R 2005/2022-1).
Operative part of the judgment
The Court:
1.Alters the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 October 2023 (Case R 2005/2022-1) such that the appeal filed with EUIPO by Novaresine Srl against the decision of the Opposition Division of 5 September 2022 concerning Opposition No B 3 119 195 is dismissed;
2.Orders EUIPO to bear its own costs and to pay those incurred by Rain Carbon Germany GmbH;
3.Orders Novaresine Srl to bear its own costs.
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OJ C C/2024/1429, 19.2.2024.
ELI: http://data.europa.eu/eli/C/2025/1432/oj
ISSN 1977-091X (electronic edition)
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