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

Текст

... nal figurative mark UNICSKIN YOUR EFFECTIVE SOLUTION – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and services – Distinctive character of the earlier mark – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑787/21,

UniSkin ApS, established in Silkeborg (Denmark), represented by M. Hoffgaard Rasmussen, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Śliwińska and T. Frydendahl, acting as Agents,

defendant,

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

Unicskin, SL, established in Madrid (Spain),

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov (Rapporteur), President, G. De Baere and D. Petrlík, Judges,

Registrar: E. Coulon,

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, UniSkin ApS, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 October 2021 (Case R 771/2021-4) (‘the contested decision’).

Background to the dispute

2. On 15 November 2019, the applicant filed an application for registration of ...