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

Текст

... Earlier national figurative mark FrizE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 )

In Case T‑291/24,

Sumol + Compal Marcas, S.A., established in Carnaxide (Portugal), represented by A. de Sampaio, lawyer,

applicant,

v

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

defendant,

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

Krynica Vitamin S.A., established in Warsaw (Poland),

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira, President, M. Kancheva and U. Öberg (Rapporteur), Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Sumol + Compal Marcas S.A., seeks the annulment and alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 April 2024 (Case R 2593/2023-4) (‘the contested decision’).

Background to the dispute

2. On 20 April 2022, the other party to the proceedings before the Board of Appeal, Krynica Vitamin S.A., filed with EUIPO an application for registration ...