Дело T-***/**: *****************, Съдебно решение от **.**.2017 г.

Текст

... n — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))

In Case T-122/16,

Tulliallan Burlington Ltd, established in St Helier (Jersey), represented by A. Norris, Barrister,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M. Fischer, acting as Agent,

defendant,

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

Burlington Fashion GmbH, established in Schmallenberg (Germany), represented by A. Parr, lawyer,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 11 January 2016 (Case R 2409/2013-4), relating to opposition proceedings between Tulliallan Burlington and Burlington Fashion,

THE GENERAL COURT (Third Chamber),

composed of S. Frimodt Nielsen, President, I.S. Forrester and E. Perillo (Rapporteur), Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 22 March 2016,

having regard to the response of EUIPO lodged at the Court Registry on 10 June 2016,

having regard to the ...