Дело T-***/**: *****************, Съдебно решение от **.**.2025 г.

Текст

... ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 )

In Case T‑1082/23,

Fresh Tropical Srl by Jawad, established in Seveso (Italy), represented by G. Nosengo, V. Liebermann and L. Di Maria, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl and V. Ruzek, acting as Agents,

defendant,

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

Alper Altunyaldiz, residing in Mainz (Germany), represented by M. Thewes and S. Lamothe, lawyers,

THE GENERAL COURT (Third Chamber),

composed of I. Nõmm (Rapporteur), acting as President, G. Steinfatt and D. Kukovec, Judges,

Registrar: R. Ūkelytė, administrator,

having regard to the written part of the procedure,

further to the hearing on 11 September 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Fresh Tropical Srl by Jawad, seeks the annulment and the alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 September 2023 (Joined Cases R 418/2023-4 and R 427/2023-4) (‘the contested decision’).

Background to the dispute

2. On 20 July 2018, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the following figurative sign:

3. The mark applied for covered goods in Classes 29 and 30 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 ...