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Case T-333/20: Judgment of the General Court of 2 March 2022 — Fidia farmaceutici v EUIPO — Giuliani (IALO TSP) (EU trade mark — Opposition proceedings — Application for the EU word mark IALO TSP — Earlier international word mark HYALO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Identification of a member of the Board of Appeal — Article 165(2) of Regulation 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62020TA0333
62020TA0333
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Official Journal of the European Union
C 198/33
(Case T-333/20) (*)
(EU trade mark - Opposition proceedings - Application for the EU word mark IALO TSP - Earlier international word mark HYALO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Identification of a member of the Board of Appeal - Article 165(2) of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(2022/C 198/46)
Language of the case: English
Parties
Applicant: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H.P. Kunz-Hallstein, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Śliwińska and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Giuliani SpA (Milan, Italy) (represented by: S. de Bosio, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 March 2020 (Case R 2107/2019-5), relating to opposition proceedings between Fidia farmaceutici and Giuliani.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fidia farmaceutici SpA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Giuliani SpA to bear its own costs.
(*)
Language of the case: English
ECLI:EU:C:2022:140