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

Текст

... e ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001)

In Case T‑354/20,

Wirtschaftsgesellschaft des Kfz-Gewerbes mbH, established in Bonn (Germany), represented by N. Hebeis, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Lapinskaite, J. Crespo Carrillo and V. Ruzek, acting as Agents,

defendant,

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

The Blink Fish Srl, established in Milan (Italy),

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 6 April 2020 (Case R 2333/2019-4), relating to invalidity proceedings between Wirtschaftsgesellschaft des Kfz-Gewerbes and The Blink Fish,

THE GENERAL COURT (Second Chamber),

composed of V. Tomljenović, President, F. Schalin and P. Škvařilová-Pelzl (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 4 June 2020,

having regard to the response lodged at the Court Registry on 24 September 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 9 October 2017, ...