Official Journal of the European Union
Judgment of the General Court of 16 March 2022 — Nowhere v EUIPO — Ye (APE TEES)
(Case T-281/21) (1)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark APE TEES - Earlier national non-registered figurative trade marks representing an ape - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Rules governing common-law actions for passing-off - Agreement on the withdrawal of the United Kingdom from the European Union and Euratom)
Language of the case: English
Applicant: Nowhere Co. Ltd (Tokyo, Japan) (represented by: R. Kunze, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Junguo Ye (Elche, Spain)
Action brought against the decision of the Second Board of Appeal of EUIPO of 10 February 2021 (Case R 2474/2017-2), relating to opposition proceedings between Nowhere Co. and Mr Ye.
Operative part of the judgment
Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 February 2021 (Case R 2474/2017-2);
Dismisses the action as to the remainder;
Orders EUIPO to pay the costs.
(1) OJ C 289, 19.7.2021.