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

Текст

... ative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 43(2) of Regulation No 40/94 (now Article 47(2) of Regulation 2017/1001)

In Case T‑63/22,

Brooks England Ltd, established in Smethwick (United Kingdom), represented by S. Feltrinelli and K. Manhaeve, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee and D. Gája, acting as Agents,

defendant,

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

Brooks Sports, Inc., established in Seattle, Washington (United States), represented by C. Spintig and S. Pietzcker, lawyers,

THE GENERAL COURT (Third Chamber),

composed of F. Schalin, President, P. Škvařilová-Pelzl and G. Steinfatt (Rapporteur), Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 1 February 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Brooks England Ltd, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 November 2021 (Case R 2432/2020-4) (‘the contested decision’).

I. Background to the dispute

2. On 9 September 2003, the applicant filed an application for registration of an EU trade mark in respect of the following figurative sign:

3. The mark applied for covered goods in, inter alia, Classes 18 and 25 of the Nice Agreement Concerning ...