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

Текст

... a — Procedural economy — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

In Case T‑627/15,

Frame Srl, established in San Giuseppe Vesuviano (Italy), represented by E. Montelione, M. Borghese and R. Giordano, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Bonne, acting as Agent,

defendant,

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

Bianca-Moden GmbH & Co. KG, established in Ochtrup (Germany), represented by P. Lange, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 7 August 2015 (Case R 2952/2014-5), relating to opposition proceedings between Bianca-Moden and Frame,

THE GENERAL COURT (Fourth Chamber),

composed of H. Kanninen, President, L. Calvo-Sotelo Ibáñez-Martín (Rapporteur) and I. Reine, Judges,

Registrar: J. Weychert, Administrator,

having regard to the application lodged at the Court Registry on 11 November 2015,

having regard to the response of EUIPO lodged at the Court Registry on 18 March 2016,

having regard to the response of the intervener lodged at the Court Registry on 11 March 2016,

further to the hearing on 28 February 2017,

gives the following

Judgment

I. Background to the dispute

1. On 9 October 2012, the applicant, Frame Srl, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant ...