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Case T-186/17: Judgment of the General Court of 3 October 2018 — Unipreus v EUIPO — Wallapop (wallapop) (EU trade mark — Opposition proceedings — Application for EU figurative mark wallapop — Prior national figurative mark wala w — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the services)
ECLI:EU:UNKNOWN:62017TA0186
62017TA0186
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26.11.2018
Official Journal of the European Union
C 427/53
(Case T-186/17) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark wallapop - Prior national figurative mark wala w - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Similarity of the services)
(2018/C 427/68)
Language of the case: Spanish
Parties
Applicant: Unipreus, SL (Lleida, Spain) (represented by: C. Rivadulla Oliva, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Bernabeu, D. Gája and J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Wallpop, SL, (Barcelona, Spain) (represented by: X. Fàbrega Sabaté and J. Sánchez Sánchez-Crespo, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 (Case R 2350/2015-5) concerning opposition proceedings between Unipreus and Wallapop.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017, in so far as it found that the services at issue in Case R 2350/2015-5 were different;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear its own costs and to pay those incurred by Unipreus, SL;
4.Orders Wallapop, SL, to bear its own costs.
(*)
Language of the case: Spanish.
* * *