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

Текст

... – Likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)

In Case T‑472/23,

Małgorzata Marcinkowska-Dec, residing in Kraków (Poland), represented by A. Witońska-Pakulska, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M. Eberl, acting as Agent,

defendant,

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

Aza Ismailova, residing in Herselt (Belgium), represented by M. Zoebisch and J. Wachinger, lawyers,

THE GENERAL COURT (First Chamber),

composed of D. Spielmann, President, R. Mastroianni and T. Tóth (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 her action under Article 263 TFEU, the applicant, Ms Małgorzata Marcinkowska-Dec, seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 March 2023 (Case R 1738/2022-2) (‘the contested decision’).

Background to the dispute

2. On 27 May 2021, the intervener, Ms Aza Ismailova, filed an application with EUIPO for a declaration of invalidity of the EU trade mark which had been registered further to an ...