Дело T-***/**: *****************, Съдебно решение от **.**.2021 г.

Текст

... EIHT FLÜÜÜGEL – Relative grounds for refusal – Damage to reputation – Article 8(5) and Article 52(1)(a) of Regulation No 40/94 (now Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Right to be heard – Article 70(2) and Article 94(1) of Regulation 2017/1001)

In Case T‑509/19,

Asolo LTD, established in Limassol (Cyprus), represented by W. Pors and N. Dorenbosch, lawyers,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Red Bull GmbH, established in Fuschl am See (Austria), represented by A. Renck and S. Petivlasova, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 15 May 2019 (Case R 201/2019‑4), relating to invalidity proceedings between Red Bull and Asolo,

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira, President, D. Gratsias and T. Perišin (Rapporteur), Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the application lodged at the Court Registry on 16 July 2019,

having regard to the response of EUIPO lodged at the Court Registry on 17 October 2019,

having regard to the response of the intervener lodged at the Court Registry on 31 October 2019,

further to the hearing on 8 October 2020,

gives the following

Judgment

Background to the dispute

1. On 24 September 1997, International Licensing Services, one of the predecessors in title to the applicant, Asolo LTD, filed ...