Source: EURLEX
Language: en
Format: md

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| 23.1.2017 | EN | Official Journal of the European Union | C 22/29 |

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Judgment of the General Court of 6 December 2016 — Tuum v EUIPO — Thun (TUUM)

(Case T-635/15)[(1)](#ntr1-C_2017022EN.01002902-E0001)

((EU trade mark - Application for EU figurative mark TUUM - Earlier national figurative mark THUN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 022/39)

Language of the case: Italian

Parties

Applicant: Tuum Srl (San Giustino, Italy) (represented by: B. Saguatti, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Thun SpA (Bolzano, Italy) (represented by: L. Sergi and G. Muscas, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 3 September 2015 (Case R 2624/2014-1), relating to opposition proceedings between Thun and Tuum.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 September 2015 (Case R 2624/2014-1); |

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| 2. | Rejects the opposition; |

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| 3. | Orders EUIPO to bear its own costs and to pay half of the costs incurred by Tuum Srl in the proceedings before the General Court and the Board of Appeal; |

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| 4. | Orders Thun SpA to bear its own costs and to pay half of the costs incurred by Tuum in the proceedings before the General Court and the Board of Appeal. |

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