Judgment of the General Court of 19 June 2018 — Erwin Müller v EUIPO — Novus Tablet Technology Finland (NOVUS)
(Case T-89/17) 1
(EU trade mark — Opposition proceedings — Application for EU word mark NOVUS — Earlier EU word and figurative marks NOVUS and novus — Relative ground for refusal — Similarity of the goods — Article 8(1)(a) and (b) of Regulation No 207/2009 (now Article 8(1)(a) and (b) of Regulation (EU) 2017/1001) — Evidence presented for the first time before the General Court)
Language of the case: German
Parties
Applicant: Erwin Müller GmbH (Lingen, Germany) (represented by: N. Grüger, lawyer)
Defendant: European Union Intellectual Property Office (represented by: V. Mensing and M. Fischer, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Novus Tablet Technology Finland Oy (Turku, Finland)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 November 2016 (Case R 2413/2015-4), relating to opposition proceedings between Erwin Müller and Novus Tablet Technology Finland.
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 November 2016 (Case R 2413/2015-4) in so far as it concerns the ‘special holders for mobile phones’ referred to in the trade mark application;
Dismisses the action as to the remainder;
Orders Erwin Müller GmbH and EUIPO to bear their own respective costs.
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1 OJ C 112, 10.4.2017.