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

Текст

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

In Case T‑175/23,

Hong Kong NetEase Interactive Entertainment Ltd, established in Sheung Wan, Hong Kong (China), represented by J. Carbonell Callicó, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Śliwińska and D. Stoyanova-Valchanova, acting as Agents,

defendant,

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

Medion AG, established in Essen (Germany), represented by M. Vohwinkel and S.-M. Bonanni, lawyers,

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov, President, G. De Baere (Rapporteur) and D. Petrlík, 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, Hong Kong NetEase Interactive Entertainment Ltd, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 December 2022 (Case R 557/2022-5) (‘the contested decision’).

Background to the dispute

2. On 27 November 2018, the applicant filed an application for registration of an EU ...