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5.12.2022 |
EN |
Official Journal of the European Union |
C 463/29 |
Judgment of the General Court of 12 October 2022 — Shopify v EUIPO — Rossi and Others (Shoppi)
(Case T-222/21) (1)
(EU trade mark - Cancellation proceedings - EU figurative mark Shoppi - Earlier EU word mark SHOPIFY - Relative ground for refusal - 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) - Lack of enhanced distinctiveness of the earlier mark - Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom (Brexit))
(2022/C 463/39)
Language of the case: English
Parties
Applicant: Shopify Inc. (Ottawa, Ontario, Canada) (represented by: S. Völker and M. Pemsel, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)
Other parties to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Massimo Carlo Alberto Rossi (Fiano, Italy), Salvatore Vacante, (Berlin, Germany), Shoppi Ltd (London, United Kingdom) (represented by: V. Roth and A. Hogertz, lawyers)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 February 2021 (Case R 785/2020-2).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Shopify Inc. to pay the costs. |