Дело T-***/**: *****************, Съдебно решение от **.**.2025 г.

Текст

... nvalidity – Genuine use of the earlier mark – Article 57(5) of Regulation (EC) No 207/2009 – Article 15(1) of Regulation No 207/2009 – Independent subcategory of goods and services – Likelihood of confusion – Similarity between the goods and services – Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 )

In Case T‑1175/23,

Siemens Healthineers AG, established in Forchheim (Germany), represented by M. Taxhet, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Stoyanova-Valchanova, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Sunware s. r. o., established in Prague (Czech Republic),

THE GENERAL COURT (Seventh Chamber),

Composed, at the time of the deliberations, of K. Kowalik-Bańczyk, President, E. Buttigieg (Rapporteur) and I. Dimitrakopoulos, Judges,

Registrar: J. Čuboň, Administrator,

having regard to the written part of the procedure,

further to the hearing on 23 January 2025,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Siemens Healthineers AG, seeks the annulment and alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 October 2023 (Case R 747/2022-5) (‘the contested decision’).

I. Background to the dispute

2. On 17 July 2020, the other party to the proceedings before the Board of Appeal, Sunware s. r. o. , filed an application with EUIPO for a declaration of invalidity of the EU mark which had been registered following an application filed on 20 October ...