Judgment — ECLI:EU:T:2019:524
Date: 2019-07-12
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Germany

Judgment of the General Court of 12 July 2019 — MAN Truck & Bus v EUIPO — Halla Holdings (MANDO) (Case T-698/17) 1 (EU trade mark — Opposition proceedings — Application for EU word mark MANDO — Earlier international and national figurative marks MAN — Earlier national word mark Man — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) Language of the case: English Parties Applicant: MAN Truck & Bus AG (Munich, Germany) (represented by: C. Röhl, lawyer) Defendant: European Union Intellectual Property Office (represented initially by: J. Ivanauskas and D. Walicka, and subsequently by J. Ivanauskas and H. O’Neill, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Halla Holdings Corp. (Yongin-si, South Korea) (represented by: M.‑R. Hirsch and C. de Haas, lawyers) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 13 July 2017 (Case R 1919/2016-1), relating to opposition proceedings between MAN Truck & Bus and Halla Holdings. Operative part of the judgment The Court: Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 July 2017 (Case R 1919/2016-1) to the extent that it concluded that there was no likelihood of confusion between the word mark MANDO and the earlier international registration No 863 418 of the figurative mark MAN. Dismisses the action as to the remainder. Orders each party to bear its own costs. ____________ 1 OJ C 437, 18.12.2017.