Source: EURLEX
Language: en
Format: md

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| 25.11.2019 | EN | Official Journal of the European Union | C 399/41 |

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Judgment of the General Court of 19 September 2019 — WhiteWave Services v EUIPO — Fernandes (VeGa one)

(Case T-176/17) [(1)](#ntr1-C_2019399EN.01004101-E0001)

(EU trade mark - Opposition proceedings - Application for EU figurative mark VeGa one - International registration designating the European Union in respect of the earlier word mark Vegas - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2019/C 399/48)

Language of the case: English

Parties

Applicant: WhiteWave Services, Inc. (Broomfield, Colorado, United States), authorised to replace Sequel Naturals ULC (represented by: H. Lindström, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carlos Fernandes (Groß-Umstadt, Germany) (represented by: T. Stein, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 9 January 2017 (Case R 2466/2015-1), relating to opposition proceedings between Mr Carlos Fernandes and Sequel Naturals.

Operative part of the judgment

The Court:

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| 1. | Grants WhiteWave Services, Inc. leave to replace Sequel Naturals ULC as applicant; |

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| 2. | Dismisses the action; |

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| 3. | Orders WhiteWave Services to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO); |

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| 4. | Orders Mr Carlos Fernandes to bear his own costs. |

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