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

Текст

... Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Enhanced distinctiveness of the earlier mark – No independent distinctive role )

In Case T‑118/23,

House of Prince A/S, established in Copenhagen (Denmark), represented by I. Fowler, I. Junkar and B. Worbes, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas and V. Ruzek, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Andrzej Biały, residing in Myszków (Poland), represented by J. Nykiel, lawyer,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira, President, M. Kancheva (Rapporteur) and P. Zilgalvis, Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the written part of the procedure,

further to the hearing on 25 January 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, House of Prince A/S, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 December 2022 (Case R 777/2022-1) (‘the contested decision’).

Background to the dispute

2. On 7 August 2020, the intervener, Mr A. Biały, filed an application for registration of an EU trade mark with EUIPO for the following figurative sign:

3. The mark applied for covered, inter alia, goods in Class 34 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 ...