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Case T-559/19: Judgment of the General Court of 30 January 2020 — Julius Sämann v EUIPO — Maharishi Vedic University (Representation of a tree) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a tree — Earlier EU and international figurative marks representing an ‘arbre magique’ (magic tree) — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — No damage to reputation — Article 8(5) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62019TA0559
62019TA0559
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Official Journal of the European Union
C 77/48
(Case T-559/19) (*)
(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing a tree - Earlier EU and international figurative marks representing an ‘arbre magique’ (magic tree) - Relative grounds for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EU) 2017/1001 - No damage to reputation - Article 8(5) of Regulation 2017/1001)
(2020/C 77/68)
Language of the case: English
Parties
Applicant: Julius Sämann Ltd (Thayngen, Switzerland) (represented by: D. Parrish, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: K. Kompari, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Maharishi Vedic University Ltd (Mgarr, Malta) (represented by: L. Prehn, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 16 May 2019 (Case R 1743/2018-1), relating to opposition proceedings between Julius Sämann and Maharishi Vedic University.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Julius Sämann Ltd to pay the costs.
(*) Language of the case: English.
(1) OJ C 328, 30.9.2019.