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Case T-344/21: Judgment of the General Court of 29 March 2023 — Plusmusic v EUIPO — Groupe Canal + (+music) (EU trade mark — Opposition proceedings — Application for EU figurative mark +music — Earlier national figurative mark + — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Enhanced distinctiveness of the earlier mark acquired through use)
ECLI:EU:UNKNOWN:62021TA0344
62021TA0344
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22.5.2023
Official Journal of the European Union
C 179/28
(Case T-344/21) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark +music - Earlier national figurative mark + - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Enhanced distinctiveness of the earlier mark acquired through use)
(2023/C 179/39)
Language of the case: English
Parties
Applicant: Plusmusic AG (Dietikon, Switzerland) (represented by: M. Maier and A. Spieß, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Groupe Canal + (Issy-les-Moulineaux, France) (represented by: M. Georges-Picot and C. Cuny, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment in part of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 April 2021 (Case R 1236/2020-5).
Operative part of the judgment
The Court:
1.Annuls the decision of the Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 April 2021 (Case R 1236/2020-5) in so far as it found that there was a likelihood of confusion in respect of the goods and services in Classes 11, 25, 35, 37 and 42;
2.Dismisses the action as to the remainder;
3.Orders Plusmusic AG, EUIPO and Groupe Canal + to bear their own costs.
(*)
OJ C 329, 16.8.2021.
* Language of the case: English
ECLI:EU:C:2023:140