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

Текст

... tive ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001)

In Case T‑509/22,

Bimbo, SA, established in Madrid (Spain), represented by J. Carbonell Callicó, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,

defendant,

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

Bottari Europe Srl, established in Pomponesco (Italy),

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, S. Frimodt Nielsen (Rapporteur) and V. Tomljenović, Judges,

Registrar: T. Henze, Acting Registrar,

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, Bimbo, SA, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 June 2022 (Case R 2110/2021-1) (‘the contested decision’).

Background to the dispute

2. On 17 July 2020, the other party to the proceedings before the Board of Appeal of EUIPO, Bottari Europe Srl, filed with EUIPO an application for registration of an EU trade mark in respect of the following figurative sign:

...