Judgment of the General Court of 15 October 2018 — John Mills v EUIPO — Jerome Alexander Consulting (MINERAL MAGIC)
(Case T-7/17) 1
(EU trade mark — Opposition proceedings — Application for EU word mark MINERAL MAGIC — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 (now Article 8(3) of Regulation (EU) 2017/1001))
Language of the case: English
Parties
Applicant: John Mills Ltd (London, United Kingdom) (represented by: S. Malynicz QC)
Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Jerome Alexander Consulting Corp. (Surfside, Florida, United States) (represented by: T. Bamford and C. Rani, Solicitors)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 5 October 2016 (Case R 2087/2015-1), relating to opposition proceedings between Jerome Alexander Consulting and John Mills.
Operative part of the judgment
The Court:
Annuls the decision of the First Chamber of the Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 October 2016 (Case R 2087/2015-1);
Orders EUIPO to pay, in addition to its own costs, half of the costs incurred by John Mills Ltd;
Orders Jerome Alexander Consulting Corp. to pay, in addition to its own costs, half of the costs incurred by John Mills.
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1 OJ C 63, 27.2.2017.