Judgment of the General Court of 30 June 2021 – Makk v EUIPO – Ubati Luxury Cosmetics (PANTA RHEI)
(Case T-501/20) 1
(EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PANTA RHEI – Earlier EU word mark PANTA RHEI – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Parties
Applicant: Stefan Makk (Graz, Austria) (represented by: I. Hödl, lawyer)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and L. Lapinskaite, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ubati Luxury Cosmetics, SL (Alcobendas, Spain) (represented by: C. Vendrell, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 June 2020 (Case R 2337/2019-4), relating to opposition proceedings between Ubati Luxury Cosmetics and Mr Makk.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Stefan Makk to pay the costs.
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1 OJ C 320, 28.9.2020.