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Case T-172/22: Judgment of the General Court of 8 March 2023 — Gönenç v EUIPO — Solar (termorad ALUMINIUM PANEL RADIATOR) (EU trade mark — Opposition proceedings — Application for EU figurative mark TERMORAD ALUMINIUM PANEL RADIATOR — Earlier Benelux word mark THERMRAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62022TA0172
62022TA0172
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Official Journal of the European Union
C 155/57
(Case T-172/22) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark TERMORAD ALUMINIUM PANEL RADIATOR - Earlier Benelux word mark THERMRAD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2023/C 155/74)
Language of the case: English
Parties
Applicant: Salim Selahaddin Gönenç (Konya, Türkiye) (represented by: V. Martín Santos, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and J. Ivanauskas, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Solar A/S (Vejen, Denmark) (represented by L. Elmgaard Sørensen, lawyer)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 January 2022 (Case R 770/2021-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Salim Selahaddin Gönenç to bear his own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Solar A/S.
*
Language of the case: English.
(1) OJ C 207, 23.5.2022.