Judgment of the General Court of 25 November 2020 – Impera v EUIPO – Euro Games Technology (Flaming Forties)
(Case T-874/19) 1
(EU trade mark – Opposition proceedings – Application for the EU word mark Flaming Forties – Earlier national figurative mark 40 FLAMING FRUITS – 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))
Language of the case: English
Parties
Applicant: Impera GmbH (Steinhaus, Austria) (represented by: C. Straberger, lawyer)
Defendant: European Union Intellectual Property Office (represented by: I. Lecheva, J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Euro Games Technology Ltd (Vranya-Lozen-Triugulnika, Bulgaria) (represented by: K. Manev, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 October 2019 (Case R 2304/2018-5), relating to opposition proceedings between Euro Games Technology and Impera.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Impera GmbH to pay the costs.
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1 OJ C 129, 20.4.2020.