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

Текст

... r refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑154/22,

Volkswagen AG, established in Wolfsburg (Germany), represented by S. Machei and G. Orsoni, lawyers,

applicant,

v

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

defendant,

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

XTG S.A., established in Wrocław (Poland),

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov (Rapporteur), President, G. De Baere and K. Kecsmár, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 12 January 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Volkswagen AG, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 December 2021 (Case R 1385/2021-5) (‘the contested decision’).

Background to the dispute

2. On 5 September 2019, XTG S.A. filed an application for registration of an EU trade mark with EUIPO in respect of the word sign XTG.

3. The mark applied for covers services in Class 35 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 amended, corresponding to the following description: ‘Retail services relating to batteries; wholesale services in relation to information technology equipment; retail services in relation to games; wholesale services in ...