Source: EURLEX
Language: en
Format: md

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| 27.1.2020 | EN | Official Journal of the European Union | C 27/33 |

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Judgment of the General Court of 28 November 2019 — Runnebaum Invest v EUIPO — Berg Toys Beheer (Bergsteiger)

(Case T-736/18) [(1)](#ntr1-C_2020027EN.01003301-E0001)

(EU trade mark - Opposition proceedings - Application for the EU word mark Bergsteiger - Earlier Benelux word marks and EU figurative and word marks BERG - Relative ground for refusal - Article 47(1) and (2) of Regulation (EU) 2017/1001 - Admissibility of a request for proof of genuine use - No likelihood of confusion - Article 8(1)(b) of Regulation 2017/1001)

(2020/C 27/41)

Language of the case: English

Parties

Applicant: Runnebaum Invest GmbH (Diepholz, Germany) (represented by: W. Prinz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Berg Toys Beheer BV (Ede, Netherlands) (represented by: E. van Gelderen, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 October 2018 (Case R 572/2018-4) relating to opposition proceedings between Berg Toys Beheer and Runnebaum Invest.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 October 2018 (Case R 572/2018-4); |

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| 2. | Orders EUIPO to bear its own costs and to pay the costs incurred by Runnebaum Invest GmbH; |

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| 3. | Orders Berg Toys Beheer BV to bear its own costs. |

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