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

Текст

... AR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625)

In Case T‑147/22,

Pinar Kuruyemiş Gida Ve Ihtiyaç Maddeleri Sanayi Ticaret AŞ, established in Karatay, Konya (Türkiye), represented by M.E. López Camba and A.M. Lyubomirova Geleva, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee, M. Eberl 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

Yadex International GmbH, established in Frankfurt am Main (Germany), represented by P. Kohl, lawyer,

THE GENERAL COURT (Third Chamber),

composed of F. Schalin, President, I. Nõmm and D. Kukovec (Rapporteur), Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the written part of the procedure,

further to the hearing on 24 January 2023,

gives the following

Judgment

1. By its action based on Article 263 TFEU, the applicant, Pinar Kuruyemiş Gida Ve Ihtiyaç Maddeleri Sanayi Ticaret AŞ, seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 January 2022 (Case R 1148/2021-1) (‘the contested decision’).

Background to the dispute

2. On 4 December 2019, 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 designated the goods ...