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8.5.2017 |
EN |
Official Journal of the European Union |
C 144/37 |
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))
(2017/C 144/49)
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:
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1. |
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 June 2015 (Case R 117/2014-4); |
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2. |
Orders EUIPO, in addition to bearing its own costs, to pay those incurred by Capella EOOD; |
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3. |
Declares that Abus August Bremicker Söhne KG is to bear its own costs. |