Source: All England Reporter
Publisher Citation: [2014] All ER (D) 95 (Feb)
Court: General Court of the European Union (Eighth Chamber)
Judge:

Judges Gratsias (President), Kancheva (Rapporteur) and Wetter

Judgment Dates: 16 January 2014

Catchwords

European Union - Trade marks - Registration - Opposition - Applicant company applying to register figurative sign 'Sun Park Holidays' as Community trade mark - Intervener company successfully opposing registration on basis of earlier mark 'Sunparks Holiday Parks' - Respondent's Fourth Board of Appeal dismissing applicant's appeal on basis that likelihood of confusion existing - Whether Board erring - Council Directive (EC) 207/2009, art 8(1)(b).

The Case

European Union Trade marks. The General Court of the European Union ruled on the action brought by Ferienhauser zum See Gmbh (Ferienhauser) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Sunparks Groep NV (Sunparks) and Ferienhauser concerning the application by Sunparks to register a figurative sign 'Sun Park Holidays' as a Community trade mark.

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