Notices for publication in the OJ nº T-473/15 of The General Court, April 21, 2017
Resolution Date | April 21, 2017 |
Issuing Organization | The General Court |
Decision Number | T-473/15 |
Judgment of the General Court of 16 March 2017 - Capella v EUIPO - Abus (APUS)
(Case T-473/15) 1
(EU trade mark - Opposition proceedings - Application for the EU word mark APUS - Earlier national word mark ABUS - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion - Successive restrictions of the trade mark application before the Board of Appeal - Article 43(1) of Regulation No 207/2009 - Competence of the Board of Appeal - Article 64(1) of Regulation No 207/2009 - Right to be heard - Article 75, second sentence, of Regulation No 207/2009 - Rule 13(3) of Regulation (EC) No 2868/95)
Language of the case: German
Parties
Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: F. Henkel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Abus August Bremicker Söhne KG (Wetter, Germany) (represented by: G. Hallwachs, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 June 2015 (Case R 117/2014-4), relating to opposition proceedings between Abus August Bremicker Söhne and Capella.
Operative part of the judgment
The Court:
-
Annuls the decision of the...
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