Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

... rative marks MORENO — 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) — Substitution of the list of goods covered by the earlier national figurative marks — Rectification of the decision of the Board of Appeal — Article 102(1) of Regulation 2017/1001 — Legal basis — Previous decision-making practice — Legal certainty — Legitimate expectations)

In Case T‑708/18,

ZPC Flis sp.j., established in Radziejowice (Poland), represented by M. Kondrat, lawyer,

applicant,

v

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

defendant,

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

Aldi Einkauf GmbH & Co. OHG, established in Essen (Germany), represented by N. Lützenrath, U. Rademacher, C. Fürsen and M. Minkner, lawyers,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 13 September 2018 (Case R 2113/2017-1), relating to opposition proceedings between Aldi Einkauf and ZPC Flis,

THE GENERAL COURT (Eighth Chamber),

composed, at the time of the deliberation, of A.M. Collins, President, R. Barents and J. Passer (Rapporteur), Judges,

Registrar: E Coulon,

having regard to the application lodged at the Court Registry on 28 November 2018,

having regard to the response of EUIPO lodged at the Court Registry on 11 March 2019,

having regard to the response of the intervener lodged at the Court Registry on 4 April 2019,

having regard ...