Judgment of the General Court of 3 March 2016 — Ugly v OHIM — Group Lottuss (COYOTE UGLY)
(Case T-778/14) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark COYOTE UGLY — Relative grounds for refusal — Revocation of the earlier Community word mark — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 — No non-registered mark — Article 8(4) of Regulation No 207/2009 — No well-known mark within the meaning of Article 6 bis of the Paris Convention — Article 8(2)(c) of Regulation No 207/2009 — Rejection of the opposition)
Language of the case: English
Parties
Applicant: Ugly, Inc. (New York, United States) (represented by: T. St Quintin, Barrister, K. Gilbert and C. Mackey, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Lukošiūtė, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Group Lottuss Corp., SL (Barcelona, Spain)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 September 2014 (Case R 1369/2013-5), relating to opposition proceedings between Ugly Inc. and Group Lottuss Corp.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ugly, Inc. to pay the costs.
____________1 OJ C 26, 26.1.2015.