Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... nd earlier national figurative mark Pelikan — Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)

In Case T‑112/17,

Pelikan Vertriebsgesellschaft mbH & Co. KG, established in Hanover (Germany), represented by U. Hildebrandt, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája and D. Walicka, acting as Agents,

defendant,

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

NBA Properties, Inc., established in New York, New York (United States), represented initially by M. Chapple, and subsequently by T. Elias, Barristers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 16 December 2016 (Case R 408/2016-4), concerning opposition proceedings between Pelikan Vertriebsgesellschaft and NBA Properties,

THE GENERAL COURT (Third Chamber),

composed of S. Frimodt Nielsen (Rapporteur), President, V. Kreuschitz and N. Półtorak, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 17 February 2017,

having regard to the response of EUIPO lodged at the Court Registry on 4 May 2017,

having regard to the response of the intervener lodged at the Court Registry on 11 May 2017,

further to the hearing on 16 May 2018,

gives the following

Judgment

Background to the dispute

1. On 25 January 2013, the intervener, NBA Properties, Inc., filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council ...