Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... – Earlier EU figurative mark BIM freelance – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Restriction of the services covered by the mark applied for)

In Case T‑819/19,

Man and Machine Ltd, established in Thame Oxfordshire (United Kingdom), represented by R. Peto and C. Neu, lawyers,

applicant,

v

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

defendant,

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

Bim Freelance Corp., established in Miami, Florida (United States),

ACTION brought against the decision of the First Board of Appeal of EUIPO of 17 September 2019 (Case R 317/2019-1), relating to opposition proceedings between Bim Freelance and Man and Machine,

THE GENERAL COURT (Fifth Chamber),

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

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 2 December 2019,

having regard to the response lodged at the Court Registry on 20 February 2020,

having regard to the designation of another judge to complete the Chamber as one of its members was prevented from acting,

further to the hearing on 30 September 2020,

gives the following

Judgment

Background to the dispute

1. On 16 May 2017, the applicant, Man and Machine Ltd, obtained international registration No 1359265 designating the European Union from the International Bureau of the World Intellectual Property Organisation (WIPO). That international registration was ...