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

Текст

... — Relative ground for refusal — 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‑109/19,

Kerry Luxembourg Sàrl, established in Luxembourg (Luxembourg), represented by A. von Mühlendahl and H. Hartwig, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas and H. O’Neill, acting as Agents,

defendant,

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

Döhler GmbH, established in Darmstadt (Germany),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 27 November 2018 (Case R 1178/2018‑2), relating to opposition proceedings between Döhler and Kerry Luxembourg,

THE GENERAL COURT (Eighth Chamber),

composed of J. Svenningsen, President, R. Barents (Rapporteur) and C. Mac Eochaidh, Judges,

Registrar: S. Bukšek Tomac, Administrator,

having regard to the application lodged at the Court Registry on 20 February 2019,

having regard to the response lodged at the Court Registry on 29 April 2019,

further to the hearing on 10 December 2019,

gives the following

Judgment

Background to the dispute

1. On 9 September 2016, the applicant, Kerry Luxembourg Sàrl, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the ...