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

Текст

... rlier EU word mark McDONALD’S — Article 8(5) of Regulation (EU) 2017/1001 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark)

In Case T‑428/18,

McDreams Hotel GmbH, established in Feldkirchen (Germany), represented by S. Schenk and S. Kleinmanns, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by V. Ruzek 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

McDonald’s International Property Co. Ltd, established in Wilmington, Delaware (United States), represented by C. Eckhartt and K. Thanbichler-Brandl, lawyers,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 18 April 2018 (Case R 972/2017-2), relating to opposition proceedings between McDonald’s International Property Co. and McDreams Hotel,

THE GENERAL COURT (Ninth Chamber),

composed of S. Gervasoni (Rapporteur), President, K. Kowalik-Bańczyk and C. Mac Eochaidh, Judges,

Registrar: E. Hendrix, Administrator,

having regard to the application lodged at the Court Registry on 12 July 2018,

having regard to the response of EUIPO lodged at the Court Registry on 26 October 2018,

having regard to the response of the intervener lodged at the Court Registry on 6 November 2018,

further to the hearing on 20 June 2019,

gives the following

Judgment

Background to the dispute

1. On 26 October 2015, the applicant, McDreams Hotel GmbH, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) ...