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(EU trade mark - Invalidity proceedings - EU word mark VersionTech - Earlier EU word mark VERIZON - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
(C/2025/3283)
Language of the case: English
Applicant: Versiontech, Inc. (Brooklyn, New York, United States) (represented by: I. Díaz de Bustamante y Terminel, lawyer)
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: Verizon Trademark Services LLC (Washington, DC, United States) (represented by J. Bogatz, Y. Stone and J. Feigl, lawyers)
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 March 2024 (Case R 31/2023-1).
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 March 2024 (Case R 31/2023-1) in so far as it annulled the decision of the Cancellation Division of 14 December 2022 relating to the EU word mark VersionTech and declared that mark invalid;
2.Dismisses the appeal brought by Verizon Trademark Services LLC before the Board of Appeal of EUIPO against the decision of the Cancellation Division of 14 December 2022;
3.Orders Verizon Trademark Services to bear its own costs and to pay those incurred by Versiontech, Inc. in the present proceedings and in the proceedings before the Board of Appeal;
4.Orders EUIPO to bear its own costs.
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OJ C C/2024/3796, 24.6.2024.
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ELI: http://data.europa.eu/eli/C/2025/3283/oj
ISSN 1977-091X (electronic edition)
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