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

Текст

... arks PUMA – Relative ground for refusal – No injury to reputation – Article 8(5) of Regulation (EU) 2017/1001 – Link between the marks at issue )

In Case T‑11/24,

Puma SE, established in Herzogenaurach (Germany), represented by M. Schunke and P. Trieb, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája and D. Hanf, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Luca Gottardo Li Puma, residing in Turin (Italy),

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli (Rapporteur), President, J. Schwarcz and L. Spangsberg Grønfeldt, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 18 September 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Puma SE, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 October 2023 (Case R 2290/2022-1) (‘the contested decision’).

Background to the dispute

2. On 6 October 2020, the other party to the proceedings before the Board of Appeal, Luca Gottardo Li Puma, filed with EUIPO an application for registration of an EU trade mark in respect of the following figurative sign:

3. The mark applied for covered services in Class 40 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and ...