Source: EURLEX
Language: en
Format: md

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| 18.3.2019 | EN | Official Journal of the European Union | C 103/26 |

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Judgment of the General Court of 31 January 2019 — Pear Technologies v EUIPO — Apple (PEAR)

(Case T-215/17) [(1)](#ntr1-C_2019103EN.01002601-E0001)

((EU trade mark - Opposition proceedings - Application for the EU figurative trade mark PEAR - Earlier EU figurative trade mark depicting an apple - Relative ground for refusal - No similarity between the signs - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)))

(2019/C 103/33)

Language of the case: English

Parties

Applicant: Pear Technologies Ltd (Macao, China) (represented by: J. Coldham, Solicitor, and E. Himsworth QC)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Apple Inc. (Cupertino, California, United States) (represented by: J. Olsen and P. Andreottola, Solicitors, and G. Tritton, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 (Case R 860/2016-5), relating to opposition proceedings between Apple and Pear Technologies.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 January 2017 (Case R 860/2016-5); |

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| 2. | Orders EUIPO to pay, in addition to its own costs, half of the costs incurred by Pear Technologies Ltd; |

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| 3. | Orders Apple Inc. to pay, in addition to its own costs, half of the costs incurred by Pear Technologies. |

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