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Case T-288/19: Judgment of the General Court of 13 May 2020 — Divaro v EUIPO — Grendene (IPANEMA) (EU trade mark — Opposition proceedings — Application for EU figurative mark IPANEMA — Earlier EU figurative mark Ipanema — Relative ground for refusal — Article 8(5) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0288
62019TA0288
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29.6.2020
Official Journal of the European Union
C 215/40
(Case T-288/19) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark IPANEMA - Earlier EU figurative mark Ipanema - Relative ground for refusal - Article 8(5) of Regulation (EU) 2017/1001)
(2020/C 215/50)
Language of the case: Spanish
Parties
Applicant: Divaro, SA (Oviedo, Spain) (represented by: M. Santos Quintana and M. A. Fernández Munárriz, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Grendene, SA (Sobral, Brazil)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 22 February 2019 (Case R 1785/2018-2) relating to opposition proceedings between Grendene and Divaro.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 February 2019 (Case R 1785/2018-2) in so far as it dismissed the action of Divaro, SA for ‘protective glasses’ in Class 9;
2.Rejects the opposition for all the goods covered in the application for registration, except for ‘glasses (optical)’, ‘frames for the latter (lenses)’ and ‘sports glasses’ in Class 9;
3.Dismisses the action as to the remainder;
4.Orders each party to bear its own costs.
(*) Language of the case: Spanish.
(1) OJ C 213, 24.6.2019.