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

Текст

... ing a head – Earlier national figurative mark representing the head of a canine – Earlier international registration designating the European Union – Figurative mark representing the head of a canine – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No likelihood of confusion)

In Case T‑596/21,

Société Elmar Wolf, established in Wissembourg (France), represented by N. Boespflug, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

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

Fuxtec GmbH, established in Herrenberg (Germany), represented by M. Hammer and C. Koller, lawyers,

THE GENERAL COURT (Ninth Chamber),

composed, at the time of the deliberations, of M.J. Costeira, President, T. Perišin and I. Dimitrakopoulos (Rapporteur), 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, Société Elmar Wolf, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 July 2021 (Case R 2834/2019‑4) (‘the contested ...