Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... ative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 )

In Case T‑1146/23,

W.L. Gore & Associates Inc., established in Newark, Delaware (United States), represented by C. Tenkhoff and T. Herzog, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

Angiokard med. Spritzguß GmbH, established in Friedeburg (Germany),

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov, President, G. De Baere and D. Petrlík (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, W.L. Gore & Associates Inc., seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 September 2023 (Case R 739/2023-1) (‘the contested decision’).

Background to the dispute

2. On 26 August 2019, Angiokard med. Spritzguß GmbH filed an application for registration of an EU trade mark with EUIPO in respect of the word sign Cardioflow.

3. ...