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

Текст

... SHORESIDE & PORT SERVICES – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001)

In Case T‑780/22,

TUI Holding Spain, SLU, established in Palma de Mallorca (Spain), represented by H. Fangmann, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

inCruises International LLC, established in San Juan (Puerto Rico),

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, G. Hesse and I. Dimitrakopoulos (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, TUI Holding Spain, SLU, seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 September 2022 (Case R 1081/2021-2) (‘the contested decision’).

Background to the dispute

2. On 11 March 2019, the other party to the proceedings before the Board of Appeal, inCruises International LLC, ...