EU & Human Rights

Enoitalia v EUIPO - La Rural Viñedos y Bodegas (ANTONIO RUBINI) (EU trade mark - Judgment)

[2018] EUECJ T70716Court of Justice of the European Union (including the General Court)2018

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(EU trade mark — Invalidity proceedings — EU word mark ANTONIO RUBINI — Earlier EU figurative mark RUTINI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

Enoitalia SpA, established in Calmasino di Bardolino (Italy), represented by S. Rizzo, lawyer,

European Union Intellectual Property Office (EUIPO), represented by E. Zaera Cuadrado, acting as Agent,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2016 (Case R 1085/2015-5), relating to invalidity proceedings between La Rural Viñedos y Bodegas and Enoitalia,

composed of S. Frimodt Nielsen, President, I. S. Forrester (Rapporteur) and E. Perillo, Judges,

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