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

Текст

... elative 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))

In Case T‑261/19,

Stada Arzneimittel AG, established in Bad Vilbel (Germany), represented by J.‑C. Plate and R. Kaase, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Folliard-Monguiral 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

Optima Naturals Srl, established in Gallarate (Italy), represented by S. Brustia and E. Montelione, lawyers,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 31 January 2019 (Case R 1348/2018-1), relating to opposition proceedings between Stada Arzneimittel and Optima Naturals,

THE GENERAL COURT (Fifth Chamber),

composed of D. Spielmann (Rapporteur), President, U. Öberg and O. Spineanu-Matei, Judges,

Registrar: J. Pichon, Administrator,

having regard to the application lodged at the Court Registry on 18 April 2019,

having regard to the response of EUIPO lodged at the Court Registry on 30 August 2019,

having regard to the response of the intervener lodged at the Court Registry on 16 September 2019,

having regard to the change in the composition of the Chambers of the General Court and the reassignment of the case to the Fifth Chamber,

having regard, in the context of the current health crisis due to the COVID-19 pandemic, to the postponement of the hearing scheduled for 10 June 2020,

having regard to the designation ...