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Case T-378/19: Judgment of the General Court of 18 November 2020 — Topcart v EUIPO — Carl International (TC CARL) (EU trade mark — Opposition proceedings — Application for EU word mark TC CARL — Earlier national figurative mark CARL TOUCH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62019TA0378
62019TA0378
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Official Journal of the European Union
JUDGMENT OF THE COURT (Tenth Chamber)
C 19/47
(Case T-378/19) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark TC CARL - Earlier national figurative mark CARL TOUCH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2021/C 19/49)
Language of the case: German
Parties
Applicant: Topcart GmbH (Wiesbaden, Germany) (represented by: M. Hoffmann, lawyer)
Defendant: European Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carl International (Limonest, France) (represented by: B. Müller, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 2 April 2019 (Case R 1617/2018-2), relating to opposition proceedings between Carl International and Topcart.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Topcart GmbH to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2021:140