Дело C-23/17: For Tune/EUIPO, Определение от 15 юни 2017 г.

Текст

... rk including the word element ‘fortune’ — Partial rejection of the application for registration)

In Case C‑23/17 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 18 January 2017,

For Tune sp. z o.o., established in Warsaw (Poland), represented by K. Popławska, adwokat,

appellant,

the other party to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Sixth Chamber),

composed of E. Regan, President of the Chamber, C.G. Fernlund (Rapporteur) and S. Rodin, Judges,

Advocate General: E. Sharpston,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, For Tune sp. z o.o. seeks to have set aside the judgment of the General Court of the European Union of 8 November 2016, For Tune v EUIPO — Gastwerk Hotel Hamburg (fortune) (T‑579/15, not published, ‘the judgment under appeal’, EU:T:2016:644), by which the General Court dismissed its action for annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 August 2015 (Case R 2808/2014-5), relating to opposition proceedings between Gastwerk Hotel Hamburg GmbH & Co. KG and For Tune.

2. In support of its appeal, For Tune raises a single ground of appeal, divided into a number of complaints, alleging misinterpretation of Article 8(1)(b) of ...