Judgment — ECLI:EU:T:2018:815
Date: 2018-11-21
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful;Action for annulment - inadmissible

Judgment of the General Court of 21 November 2018 —Shenzhen Jiayz Photo Industrial v EUIPO — Seven (SEVENOAK) (Case T-339/17) 1 (EU trade mark — Opposition proceedings — Application for EU figurative mark SEVENOAK — Earlier international figurative mark 7seven — 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)) Language of the case: English Parties Applicant: Shenzhen Jiayz Photo Industrial Ltd (Shenzhen, China) (represented by: M. de Arpe Tejero, lawyer) Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 23 March 2017 (Case R 1326/2016-1), relating to opposition proceedings between Seven and Shenzhen Jiayz Photo Industrial. 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 23 March 2017 (Case R 1326/2016-1); Dismisses the action as to the remainder; Orders EUIPO to bear, in addition to its own costs, eight tenths of the costs incurred by Shenzhen Jiayz Photo Industrial Ltd; Orders Seven SpA to bear, in addition to its own costs, a tenth of the costs incurred by Shenzhen Jiayz Photo Industrial; Orders Shenzhen Jiayz Photo Industrial to bear a tenth of its own costs. ____________ 1 OJ C 239, 24.7.2017.