Дело T-***/**: *****************, Съдебно решение от **.**.2022 г.

Текст

... Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑43/22,

Sanrio Co. Ltd, established in Tokyo (Japan), represented by V. Schmitz-Fohrmann, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by R. Raponi and V. Ruzek, acting as Agents,

defendant,

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

Miroglio Fashion Srl, established in Alba (Italy),

THE GENERAL COURT (Second Chamber),

composed, at the time of the deliberations, of V. Tomljenović, President, P. Škvařilová-Pelzl and I. Nõmm (Rapporteur), Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 26 October 2022,

gives the following

Judgment

1. By its action based on Article 263 TFEU, the applicant, Sanrio Co. Ltd, seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 November 2021 (Case R 2460/2020-2) (‘the contested decision’).

Background to the dispute

2. On 5 February 2014, the applicant filed an application for registration of the word sign SANRIO CHARACTERS as an EU trade mark with EUIPO pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L ...