Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... er figurative mark Buff – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑101/23,

Michal Darila, resident in Bratislava (Slovakia), represented by M. Holič, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee, acting as Agent,

defendant,

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

Original Buff, SA, established at Igualada (Spain), represented by M. Hernández Gázquez and E. Edissonov Kirilov, lawyers,

THE GENERAL COURT (Sixth Chamber),

composed of M. J. Costeira (Rapporteur), President and M. Kancheva and P. Zilgalvis, Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By his action under Article 263 TFEU, the applicant, Mr Michal Darila, seeks, in essence, annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 December 2022 (Case R 528/2022-2) (‘the contested decision’).

Background to the dispute

2. On 6 August 2020, the applicant submitted to EUIPO an application for registration of an EU ...