3.2.2020

EN

Official Journal of the European Union

C 36/26

Judgment of the General Court of 4 December 2019 — Billa v EUIPO — Boardriders IP Holdings (Billa)

(Case T-524/18) ( 1 )

(EU trade mark - Opposition proceedings - Application for the EU word mark Billa - Earlier EU word marks BILLABONG - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Comparison of the goods and services - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 36/31)

Language of the case: English

Parties

Applicant: Billa AG (Wiener Neudorf, Austria) (represented by: J. Rether, M. Kinkeldey, J. Rosenhäger and S. Brandstätter, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Boardriders IP Holdings LLC (Huntington Beach, California, United States) (represented by: J. Fish, Solicitor, and A. Bryson, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 June 2018 (Case R 2235/2017-4), as rectified on 4 October 2018, relating to opposition proceedings between Boardriders IP Holdings and Billa.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 June 2018 (Case R 2235/2017-1) as regards the goods ‘games’ in Class 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, covered by the mark applied for;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

( 1 ) OJ C 399, 5.11.2018 .