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Case T-36/17: Judgment of the General Court of 5 October 2017 — Forest Pharma v EUIPO — Ipsen Pharma (COLINEB) (EU trade mark — Opposition proceedings — Application for EU word mark COLINEB — Earlier national figurative mark Colina — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Extent of the examination to be carried out by the Board of Appeal — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0036
62017TA0036
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Official Journal of the European Union
C 392/25
(Case T-36/17) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for EU word mark COLINEB - Earlier national figurative mark Colina - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Extent of the examination to be carried out by the Board of Appeal - Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001)))
(2017/C 392/31)
Language of the case: English
Parties
Applicant: Forest Pharma BV (Amsterdam, Netherlands) (represented by: T. Holman, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ipsen Pharma SAS (Boulogne-Billancourt, France) (represented by: E. Baud, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 October 2016 (Case R 500/2016-5), relating to opposition proceedings between Ipsen Pharma and Forest Pharma.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Forest Pharma BV to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Ipsen Pharma SAS to bear its own costs.
(<span class="note"> <a id="ntr1-C_2017392EN.01002501-E0001" href="#ntc1-C_2017392EN.01002501-E0001">*1</a> </span>) OJ C 70, 6.3.2017.