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Case T-63/22: Judgment of the General Court of 7 June 2023 — Brooks England v EUIPO — Brooks Sports (BROOKS ENGLAND) (EU trade mark — Opposition proceedings — Application for the EU figurative mark BROOKS ENGLAND — Earlier EU word mark BROOKS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 43(2) of Regulation No 40/94 (now Article 47(2) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62022TA0063
62022TA0063
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24.7.2023
Official Journal of the European Union
C 261/32
(Case T-63/22) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark BROOKS ENGLAND - Earlier EU word mark BROOKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of the earlier mark - Article 43(2) of Regulation No 40/94 (now Article 47(2) of Regulation 2017/1001))
(2023/C 261/44)
Language of the case: English
Parties
Applicant: Brooks England Ltd (Smethwick, United Kingdom) (represented by: S. Feltrinelli and K. Manhaeve, lawyers)
Defendant: European Union Intellectual Property Office (represented by: T. Klee and D. Gája, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Brooks Sports, Inc. (Seattle, Washington, United States) (represented by C. Spintig and S. Pietzcker, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 November 2021 (Case R 2432/2020-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Brooks England Ltd to pay the costs.
(*) Language of the case: English.
(1) OJ C 148, 4.4.2022.