Judgment of the General Court of 15 October 2020 – Body Attack Sports Nutrition v EUIPO – Sakkari (Sakkattack)
(Case T-788/19) 1
(EU trade mark – Opposition proceedings – Application for the EU figurative mark Sakkattack – Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Parties
Applicant: Body Attack Sports Nutrition GmbH & Co. KG (Hamburg, Germany) (represented by: S. Labesius, lawyer)
Defendant: European Union Intellectual Property Office (represented by: 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: Maria Sakkari (Nicosia, Cyprus) (represented by: M. Nikolaraki, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 26 August 2019 (Joined Cases R 2432/2018-4 and R 2562/2018-4), relating to opposition proceedings between Body Attack Sports Nutrition and Ms Sakkari.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Body Attack Sports Nutrition GmbH & Co. KG to pay the costs.
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1 OJ C 10, 13.1.2020.