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

Текст

... EU word mark ER/STUDIO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001))

In Case T‑230/17,

Rstudio, Inc., established in Boston, Massachusetts (United States), represented by M. Edenborough QC and G. Smith, Solicitor,

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 being

Embarcadero Technologies, Inc., established in San Francisco, California (United States),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 (Case R 493/2016-5), relating to opposition proceedings between Embarcadero Technologies and Rstudio,

THE GENERAL COURT (First Chamber),

composed of I. Pelikánová, President, V. Valančius (Rapporteur) and U. Öberg, Judges,

Registrar: I. Drăgan, Administrator,

having regard to the application lodged at the Court Registry on 18 April 2017,

having regard to the response lodged at the Court Registry on 3 July 2017,

further to the hearing on 9 January 2018,

gives the following

Judgment

Background to the dispute

1. On 7 May 2009, the applicant, Rstudio, Inc., filed with the European Union Intellectual Property Office (EUIPO) an application for protection within the European Union of international registration No 999644 of 31 March 2009, pursuant ...