Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... igurative mark SFR SPORT 1 – Earlier national and international figurative marks sport1 – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Distinctive character acquired through use – Interdependence between factors)

In Case T‑141/22,

Sport1 GmbH, established in Ismaning (Germany), represented by J. Krekel and C. Otto, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Markakis, acting as Agent,

defendant,

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

Société française du radiotéléphone – SFR, established in Paris (France), represented by M. Pasquier, lawyer,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli (Rapporteur), President, S. Frimodt Nielsen and W. Valasidis, Judges,

Registrar: E. Coulon,

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 its action under Article 263 TFEU, the applicant, Sport1 GmbH, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 December 2021 (Case R 2329/2020-1) (‘the ...