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20.11.2017 |
EN |
Official Journal of the European Union |
C 392/25 |
Judgment of the General Court of 5 October 2017 — Forest Pharma v EUIPO — Ipsen Pharma (COLINEB)
(Case T-36/17) (1)
((EU trade mark - Opposition proceedings - Application for EU word mark COLINEB - Earlier national figurative mark Colina - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Extent of the examination to be carried out by the Board of Appeal - Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001)))
(2017/C 392/31)
Language of the case: English
Parties
Applicant: Forest Pharma BV (Amsterdam, Netherlands) (represented by: T. Holman, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: P. Sipos, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ipsen Pharma SAS (Boulogne-Billancourt, France) (represented by: E. Baud, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 October 2016 (Case R 500/2016-5), relating to opposition proceedings between Ipsen Pharma and Forest Pharma.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Forest Pharma BV to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO); |
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3. |
Orders Ipsen Pharma SAS to bear its own costs. |