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

Текст

... d for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Distinctive character of the earlier mark)

In Case T‑368/22,

Cassa Centrale Banca – Credito Cooperativo Italiano SpA, established in Trente (Italy), represented by J. Graffer, G. Locurto and A. Ottolini, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Ringelhann and D. Hanf, acting as Agents,

defendant,

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

Bankia, SA, established in Madrid (Spain),

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli (Rapporteur), President, J. Schwarcz and R. Norkus, 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, Cassa Centrale Banca – Credito Cooperativo Italiano SpA, seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 April 2022 (Case R 1318/2021-1) (‘the contested decision’).

Background to the dispute

2. On 19 April 2018, the applicant filed with EUIPO an application for registration of an EU trade mark ...