Source: EURLEX
Language: en
Format: md

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| 20.1.2020 | EN | Official Journal of the European Union | C 19/44 |

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Judgment of the General Court of 21 November 2019 — K.A. Schmersal Holding v EUIPO — Tecnium (tec.nicum)

(Case T-527/18) [(1)](#ntr1-C_2020019EN.01004402-E0001)

(EU trade mark - Opposition proceedings - Application for EU figurative mark tec.nicum - Earlier national figurative mark TECNIUM - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation 2017/1001 - Form differing in elements which do not alter the distinctive character - Evidence submitted for the first time before the General Court)

(2020/C 19/52)

Language of the case: English

Parties

Applicant: K.A. Schmersal Holding GmbH & Co. KG (Wuppertal, Germany) (represented by: A. Haudan, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Tecnium, SL (Manresa, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 June 2018 (Case R 2427/2017-5), relating to opposition proceedings between Tecnium and K.A. Schmersal Holding.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders K.A. Schmersal Holding GmbH & Co. KG to pay the costs. |

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