Дело C-31/19: Seven/Shenzhen Jiayz Photo Industrial, Определение от 2 юли 2019 г.

Текст

... k including the word element ‘sevenoak’ — Earlier international figurative mark 7SEVEN — Regulation (EC) No 207/2009 — Article 8(1)(b))

In Case C‑31/19 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 17 January 2019,

Seven SpA, established in Leinì (Italy), represented by L. Trevisan, avvocato,

appellant,

the other parties to the proceedings being:

Shenzhen Jiayz Photo Industrial Ltd, established in Shenzhen (China),

applicant at first instance,

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Seventh Chamber),

composed of T. von Danwitz, President of the Chamber, C. Vajda and A. Kumin (Rapporteur), Judges,

Advocate General: E. Tanchev,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, Seven SpA seeks to have set aside the judgment of the General Court of the European Union of 21 November 2018, Shenzhen Jiayz Photo Industrial v EUIPO — Seven (SEVENOAK) (T‑339/17, not published, ‘the judgment under appeal’, EU:T:2018:815), by which the General Court annulled the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 March 2017 (Case R 1326/2016-1) relating to opposition proceedings between Seven and Shenzhen Jiayz Photo Industrial Ltd.

2. In support of its appeal, the appellant relies on a single ground of appeal, alleging infringement of Article 8(1)(b) ...