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

Текст

... r national word mark RAT PACK – Relative ground for refusal – No likelihood of confusion – No similarity of the services – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) )

In Case T‑163/24,

Rat Pack Filmproduktion GmbH, established in Munich (Germany), represented by S. Schmidt and P. Baronikians, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Ringelhann, acting as Agent,

defendant,

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

RatPac Entertainment LLC, established in Encino, California (United States), represented by H. Gauß and N. Vachova, lawyers,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira (Rapporteur), President, P. Zilgalvis and E. Tichy‑Fisslberger, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 17 October 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Rat Pack Filmproduktion GmbH, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 January 2024 (Case R 877/2023-5) (‘the contested decision’).

Background to the dispute

2. On 21 December 2016, the intervener, RatPac Entertainment LLC, designated the European Union in its international registration No 1 336 518 for the word mark RATPAC.

3. The services in respect of which international registration was applied for are in Class 36 of the Nice Agreement Concerning the International Classification ...