Source: EURLEX
Language: en
Format: md

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| 29.6.2015 | EN | Official Journal of the European Union | C 213/32 |

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Judgment of the General Court of 13 May 2015 — easyGroup IP Licensing v OHIM — Tui (easyAir-tours)

(Case T-608/13)[(1)](#ntr1-C_2015213EN.01003201-E0001)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark easyAir-tours - Earlier national figurative mark airtours Ticket Factory - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - No similarity between the signs - No likelihood of confusion - Power to alter decisions - Article 65(3) of Regulation No 207/2009))

(2015/C 213/54)

Language of the case: English

Parties

Applicant: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: J. Day and K. Osgerby, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tui AG (Hanover, Germany) (represented by: D. von Schultz, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 1029/2012-1), relating to opposition proceedings between Tui AG and easyGroup IP Licensing Ltd.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2013 (Case R 1029/2012-1); |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs and to pay those incurred by easyGroup IP Licensing Ltd; |

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| 4. | Orders Tui AG to bear its own costs. |

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