Information;Judgment — ECLI:EU:T:2020:201
Date: 2020-05-13
Language of the case: Spanish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Spain

Judgment of the General Court of 13 May 2020 — Divaro v EUIPO — Grendene (IPANEMA) (Case T-288/19) 1 (EU trade mark — Opposition proceedings — Application for EU figurative mark IPANEMA — Earlier EU figurative mark Ipanema — Relative ground for refusal — Article 8(5) of Regulation (EU) 2017/1001) Language of the case: Spanish Parties Applicant: Divaro, SA (Oviedo, Spain) (represented by: M. Santos Quintana and M. A. Fernández Munárriz, lawyers) Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as agent) Other party to the proceedings before the Board of Appeal of EUIPO: Grendene, SA (Sobral, Brazil) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 22 February 2019 (Case R 1785/2018-2) relating to opposition proceedings between Grendene and Divaro. Operative part of the judgment The Court: 1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 February 2019 (Case R 1785/2018-2) in so far as it dismissed the action of Divaro, SA for ‘protective glasses’ in Class 9; 2. Rejects the opposition for all the goods covered in the application for registration, except for ‘glasses (optical)’, ‘frames for the latter (lenses)’ and ‘sports glasses’ in Class 9; 3. Dismisses the action as to the remainder; 4. Orders each party to bear its own costs. ____________ 1 OJ C 213, 24.6.2019.