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Case C-801/21 P: Judgment of the Court (Fifth Chamber) of 20 June 2024 – European Union Intellectual Property Office (EUIPO) v Indo European Foods Ltd (Appeal – EU trade mark – Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice – Earlier non-registered United Kingdom word mark BASMATI – Regulation (EC) No 207/2009 – Article 8(4) – Regulation (EU) 2017/1001 – Article 72 – Relative ground for refusal – Opposition – Appeal before the Board of Appeal – Dismissal – Action before the General Court – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Articles 126 and 127 – Transition period – Effects of the end of the transition period on the protection of the earlier mark – Circumstances after the adoption of the decision at issue – Continuance of the purpose of the action and of the interest in bringing proceedings)
ECLI:EU:UNKNOWN:62021CA0801
62021CA0801
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Official Journal of the European Union
C series
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C/2024/4689
5.8.2024
(Case C-801/21 P)
(Appeal - EU trade mark - Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice - Earlier non-registered United Kingdom word mark BASMATI - Regulation (EC) No 207/2009 - Article 8(4) - Regulation (EU) 2017/1001 - Article 72 - Relative ground for refusal - Opposition - Appeal before the Board of Appeal - Dismissal - Action before the General Court - Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community - Articles 126 and 127 - Transition period - Effects of the end of the transition period on the protection of the earlier mark - Circumstances after the adoption of the decision at issue - Continuance of the purpose of the action and of the interest in bringing proceedings)
(C/2024/4689)
Language of the case: English
Parties
Appellant: European Union Intellectual Property Office (EUIPO) (represented by: D. Gaja, D. Hanf, E. Markakis and V. Ruzek, acting as Agents)
Other party to the proceedings: Indo European Foods Ltd (represented by: A. Norris, KC, and N. Welch, Solicitor)
Intervener in support of the appellant: Federal Republic of Germany (represented by: J. Heitz, M. Hellmann, D. Klebs and J. Möller, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the European Union Intellectual Property Office (EUIPO) to pay the costs;
3.Orders the Federal Republic of Germany to bear its own costs.
Language of the case: English
(1) OJ C 207, 23.5.2022
ELI: http://data.europa.eu/eli/C/2024/4689/oj
ISSN 1977-091X (electronic edition)
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ECLI:EU:C:2025:140
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