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

Текст

... – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to fair legal process – Legitimate expectations)

In Case T‑53/23,

TVR Automotive Ltd, established in Walliswood (United Kingdom), represented by A. von Mühlendahl and H. Hartwig, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by V. Ruzek, acting as Agent,

defendant,

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

TVR Italia Srl, established in Milan (Italy),

THE GENERAL COURT (Third Chamber),

composed of F. Schalin, President, I. Nõmm and D. Kukovec (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, TVR Automotive Ltd, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 October 2022 (Case R 1493/2018-5) (‘the contested decision’).

Background to the dispute

2. On 1 October 2013, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the following figurative ...