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

Текст

... e earlier word mark MASTERS – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Repute – Similarity – Link – Unfair advantage – Lack of due cause – Article 95(2) of Regulation 2017/1001)

In Case T‑677/22,

Portal Golf Gestión, SA, established in Madrid (Spain), represented by J. Garrido Pastor, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Stoyanova-Valchanova 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

Augusta National, Inc., established in Augusta, Georgia (United States), represented by H. Koenraad, lawyer,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira (Rapporteur), President, P. Zilgalvis and E. Tichy-Fisslberger, 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 based on Article 263 TFEU, the applicant, Portal Golf Gestión, SA, seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 August 2022 (Case R 2204/2021-1) (‘the contested decision’).

Background to the dispute

2. ...