(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

11The applicant claims that the Court should:

–partially annul the contested decision in so far as the opposition was upheld in respect of the goods in Classes 3 and 16 covered by the mark applied for and the appeal was dismissed;

–order EUIPO and the intervener to pay the costs;

–reject the opposition brought by the intervener against the application for registration, order EUIPO to allow that application to proceed to registration in relation to the goods in Classes 3, 16 and 25 and order the intervener to pay the costs and fees incurred in the course of the opposition proceedings before EUIPO.

12EUIPO and the intervener contend that the Court should:

–dismiss the action;

–order the applicant to pay the costs.