Judgment of the General Court of 30 March 2022 – SFD v EUIPO – Allmax Nutrition (ALLNUTRITION DESIGNED FOR MOTIVATION)
(Case T-35/21) 1
(EU trade mark – Opposition proceedings – Application for EU figurative mark ALLNUTRITION DESIGNED FOR MOTIVATION – Earlier EU word marks ALLMAX NUTRITION – 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: SFD S.A. (Opole, Poland) (represented by: T. Grucelski, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Allmax Nutrition Inc. (North York, Ontario, Canada)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 28 October 2020 (Case R 511/2020-2), relating to opposition proceedings between Allmax Nutrition and SFD.
Operative part of the judgment
The Court:
Dismisses the action;
Orders SFD S.A. to pay the costs.
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1 OJ C 98, 22.3.2021.