(EU trade mark– Opposition proceedings– Application for the EU figurative mark CCLABELLE VIENNA– Earlier EU word mark LABELLO– Relative ground for refusal– Likelihood of confusion– Article8(1)(b) of Regulation (EU) 2017/1001
Tribunal de Justicia de la Unión Europea

(EU trade mark– Opposition proceedings– Application for the EU figurative mark CCLABELLE VIENNA– Earlier EU word mark LABELLO– Relative ground for refusal– Likelihood of confusion– Article8(1)(b) of Regulation (EU) 2017/1001

Fecha: 02-Feb-2022

Costs

99Under Article134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings.

100Since the applicant has been unsuccessful, she must be ordered to pay the costs, in accordance with the forms of order sought by EUIPO and the intervener.

On those grounds,

THE GENERAL COURT (Ninth Chamber)

hereby:

1.Dismisses the action;

2.Orders MsMaria Alexandra Canisius to pay the costs.

Costeira

Perišin

Zilgalvis

Delivered in open court in Luxembourg on 2February 2022.

E.Coulon

M.Papasavvas

Registrar

President


*Language of the case: English.