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

Текст

... ve marks PANTHER and earlier EU figurative mark P PANTHER – 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) – Proof of genuine use of the earlier mark)

In Case T‑117/20,

El Corte Inglés, SA, established in Madrid (Spain), represented by J.L. Rivas Zurdo, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Rampini, acting as Agent,

defendant,

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

MKR Design Srl, established in Milan (Italy), represented by G. Dragotti, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 5 December 2019 (Case R 378/2019-5), relating to opposition proceedings between El Corte Inglés and MKR Design,

THE GENERAL COURT (Tenth Chamber),

composed of A. Kornezov, President, E. Buttigieg (Rapporteur) and K. Kowalik-Bańczyk, Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 21 February 2020,

having regard to the response of EUIPO lodged at the Court Registry on 2 July 2020,

having regard to the response of the intervener lodged at the Court Registry on 9 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 ...