CELEX: 62018CN0736
Language: en
Date: 2018-11-26 00:00:00
Title: Case C-736/18 P: Appeal brought on 26 November 2018 by Gugler France against the judgment of the General Court (Eighth Chamber) delivered on 25 September 2018 in Case T-238/17: Gugler v EUIPO

25.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/13
            
         
      Appeal brought on 26 November 2018 by Gugler France against the judgment of the General Court (Eighth Chamber) delivered on 25 September 2018 in Case T-238/17: Gugler v EUIPO
      (Case C-736/18 P)
      (2019/C 112/17)
      Language of the case: English
      
         Parties
      
      
         Appellant: Gugler France (represented by: S. Guerlain, avocat)
      
         Other parties to the proceedings: European Union Intellectual Property Office, Alexander Gugler
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  annul the September 25th, 2018 decision of the General Court (8th Chamber) in case T-238/17 for violation of article 8 (4) EUTMR regarding the assessment of the likelihood of confusion which correspond to the concepts of article 8 (1) (b) EUTMR;
               
            
                  —
               
               
                  order Mr Alexander Gugler to bear the applicants costs in relation to the present proceeding.
               
            
         Pleas in law and main arguments
      
      The applicant alleges infringement of article 8 (4) of the EUTMR and consequently article L711-4 of the French Code of Intellectual Property by failing to establish the existence of an economic link originating from the owner of the earlier right (the applicant) and towards the applicant of the contested mark (the defendant) and, also, the possible absence of a likelihood of confusion.