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

Текст

... national figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the 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‑829/19,

Palírna U Zeleného stromu a.s., established in Ústí nad Labem (Czech Republic), represented by T. Chleboun, lawyer,

applicant,

v

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

defendant,

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

Bacardi & Co. Ltd, established in Meyrin (Switzerland), represented by A. Parassina, lawyer,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 5 September 2019 (Case R 2531/2018‑2), relating to opposition proceedings between Bacardi & Co. and Palírna U Zeléného stromu,

THE GENERAL COURT (Second Chamber),

composed of V. Tomljenović, President, F. Schalin and I. Nõmm (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 4 December 2019,

having regard to the response lodged at the Court Registry on 12 May 2020,

having regard to the decision of 2 April 2020 joining Cases T‑829/19 to T‑831/19 for the purposes of the written part and any oral part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification ...