21.9.2020 |
EN |
Official Journal of the European Union |
C 313/25 |
Judgment of the General Court of 8 July 2020 — Pablosky v EUIPO — docPrice (mediFLEX easystep)
(Case T-20/19) (1)
(EU trade mark - Opposition proceedings - Application for the EU word mark mediFLEX easystep - Earlier EU figurative mark Stepeasy - Relative grounds for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 313/36)
Language of the case: English
Parties
Applicant: Pablosky, SL (Madrid, Spain) (represented by: M. Centell, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, H. O’Neill and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: docPrice GmbH (Koblenz, Germany) (represented by: K. Landes, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 November 2018 (Case R 77/2018-4), relating to opposition proceedings between Pablosky and docPrice.
Operative part of the judgment
The Court:
1. |
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2018 (Case R 77/2018-4), relating to opposition proceedings between Pablosky, SL and docPrice GmbH, in so far as it concerns ‘clothing’ and ‘headgear’ in Class 25 of the Nice Agreement; |
2. |
Dismisses the appeal which docPrice brought before the Board of Appeal of EUIPO in so far as it concerns the goods referred to in point 1; |
3. |
Dismisses the action as to the remainder; |
4. |
Orders each party to bear its own costs. |