Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... (c) of Regulation (EU) 2017/1001)

In Case T‑764/22,

bet365 Group Ltd, established in Stoke-on-Trent (United Kingdom), represented by J. van Manen and E. van Gelderen, lawyers,

applicant,

v

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

defendant,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira (Rapporteur), President, U. Öberg and E. Tichy-Fisslberger, Judges,

Registrar: R. Ukelyte, Administrator,

having regard to the written part of the procedure,

further to the hearing on 15 September 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, bet365 Group Ltd, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 September 2022 (Case R 622/2022-4) (‘the contested decision’).

Background to the dispute

2. On 27 May 2022, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the following figurative sign:

3. The mark applied for covered goods and services in, inter alia, Classes 9, 16, 28, 35, 36, 38, 41 and 42 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, corresponding, for each of those classes, to the following description:

– Class 9: ‘Computer software; computer software for betting, gaming and gambling services and database management; electronic publications; computer games; electronic interactive computer games; computer software and computer programs for distribution to, and ...