Judgment — ECLI:EU:T:2022:275
Date: 2022-05-04
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 4 May 2022 – Bodegas Beronia v EUIPO – Bodegas Carlos Serres (ALEGRA DE BERONIA) (Case T-298/21) 1 (EU trade mark – Opposition proceedings – Application for EU word mark ALEGRA DE BERONIA – Earlier national word mark ALEGRO – Relative ground for refusal – Lack of likelihood of confusion – Article 8(5)(b) of Regulation (EU) 2017/1001) Language of the case: Spanish Parties Applicant: Bodegas Beronia (Ollauri, Spain) (represented by: J. Mora Cortés, lawyer) Defendant: European Union Intellectual Property Office (represented by: R. Raponi and J. Ivanauskas, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Bodegas Carlos Serres, SL (Haro, Spain) (represented by: F. Pérez Álvarez and J. Pérez Itarte, lawyers) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 12 March 2021 (Case R 2013/2020-1), relating to opposition proceedings between Bodegas Carlos Serres and Bodegas Beronia. Operative part of the judgment The Court: 1. Annuls the decision of the First Board of Appeal of European Union Intellectual Property Office (EUIPO) of 12 March 2021 (Case R 2013/2020-1); 2. Orders EUIPO to bear its own costs as well as pay half of the costs of Bodegas Beronia, SA, including half the costs necessarily incurred by them for the purposes of the proceedings before the Board of Appeal of EUIPO; 3. Orders Bodegas Carlos Serres, SL, to bear its own costs as well as pay half the costs of Bodegas Beronia, including half the costs necessarily incurred by them for the purposes of the proceedings before the Board of Appeal of EUIPO. ____________ 1 OJ C 278, 12.7.2021.