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

Текст

... Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑168/20,

Creaton South-East Europe Kft., established in Lenti (Hungary), represented by J. Muyldermans and P. Maeyaert, lawyers,

applicant,

v

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

defendant,

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

Henkel AG & Co. KGaA, established in Düsseldorf (Germany),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 15 January 2020 (Case R 1090/2019‑2), relating to opposition proceedings between Henkel and Creaton South-East Europe,

THE GENERAL COURT (Sixth Chamber),

composed of A. Marcoulli, President, C. Iliopoulos and R. Norkus (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 20 March 2020,

having regard to the response lodged at the Court Registry on 8 July 2020,

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

Background to the dispute

1. On 16 November 2017, the applicant, Creaton South-East Europe Kft., filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO), pursuant to ...