7.12.2020

EN

Official Journal of the European Union

C 423/37

Judgment of the General Court of 5 October 2020 — Eugène Perma France v EUIPO — SPI Investments Group (NATURANOVE)

(Case T-602/19) ( 1 )

(European Union trade mark - Opposition proceedings - Application for the EU word mark NATURANOVE - Earlier EU word mark NATURALIUM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 423/53)

Language of the case: English

Parties

Applicant: Eugène Perma France (Saint-Denis, France) (represented by S. Havard Duclos, lawyer)

Defendant: European Union Intellectual Property Office (represented by J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: SPI Investments Group, SL (Sant Just Desvern, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 1 July 2019 (Case R 2161/2018-4), concerning opposition proceedings between SPI Investments Group and Eugène Perma France.

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 1 July 2019 (Case R 2161/2018-4), relating to opposition proceedings between SPI Investments Group, SL and Eugène Perma France;

2.Orders EUIPO to bear its own costs and to pay those incurred by the applicant, including the costs necessarily incurred for the purposes of the appeal proceedings before the Board of Appeal.

( 1 ) OJ C 363, 28.10.2019 .