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Case T-17/20: Judgment of the General Court of 2 June 2021 — adp Gauselmann v EUIPO — Gameloft (GAMELAND) (EU trade mark — Opposition proceedings — Application for the EU figurative mark GAMELAND — Earlier EU word mark Gameloft — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) of Regulation 2017/1001 — Restriction of the services covered in the trade mark application)
ECLI:EU:UNKNOWN:62020TA0017
62020TA0017
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12.7.2021
Official Journal of the European Union
C 278/42
(Case T-17/20)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark GAMELAND - Earlier EU word mark Gameloft - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Article 47(2) of Regulation 2017/1001 - Restriction of the services covered in the trade mark application)
(2021/C 278/58)
Language of the case: English
Parties
Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: K. Mandel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gameloft SE (Paris, France) (represented by M. Decker, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 5 November 2019 (Case R 2502/2018 5) relating to opposition proceedings between Gameloft and adp Gauselmann.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders adp Gauselmann GmbH to pay the costs.
OJ C 68, 2.3.2020.