Judgment;Information — ECLI:EU:T:2021:239
Date: 2021-05-05
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Bulgaria

Judgment of the General Court of 5 May 2021 – Capella v EUIPO – Cobi.bike (GOBI) (Case T-286/20) 1 (EU trade mark – Opposition proceedings – Application for the EU word mark GOBI – Earlier EU figurative mark COBI – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Relevant public) Language of the case: German Parties Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: R. Klenke, lawyer) Defendant: European Union Intellectual Property Office (represented by: A. Graul and A. Söder, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Cobi.bike GmbH (Frankfurt am Main, Germany) (represented by: A. Molnar, lawyer) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 14 February 2020 (Case 1685/2019-2), relating to opposition proceedings between Cobi.bike and Capella. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Capella EOOD to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Cobi.bike GmbH. ____________ 1 OJ C 222, 6.7.2020.