Judgment of the General Court of 6 December 2016 — Tuum v EUIPO — Thun (TUUM)
(Case T-635/15) 1
(EU trade mark — Application for EU figurative mark TUUM — Earlier national figurative mark THUN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Italian
Parties
Applicant: Tuum Srl (San Giustino, Italy) (represented by: B. Saguatti, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Thun SpA (Bolzano, Italy) (represented by: L. Sergi and G. Muscas, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 3 September 2015 (Case R 2624/2014-1), relating to opposition proceedings between Thun and Tuum.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 September 2015 (Case R 2624/2014-1);
2. Rejects the opposition;
3. Orders EUIPO to bear its own costs and to pay half of the costs incurred by Tuum Srl in the proceedings before the General Court and the Board of Appeal;
4. Orders Thun SpA to bear its own costs and to pay half of the costs incurred by Tuum in the proceedings before the General Court and the Board of Appeal.
____________1 OJ C 16, 18.1.2016.