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

Текст

... Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – EUIPO’s Guidelines for examination)

In Case T‑170/23,

Amstel Brouwerij BV, established in Amsterdam (Netherlands), represented by T. Cohen Jehoram and Y. Song, lawyers,

applicant,

v

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

Anheuser-Busch LLC, established in Saint-Louis, Missouri (United States), represented by A. Renck and C. Stöber, lawyers,

THE GENERAL COURT (Third Chamber),

composed of F. Schalin, President, P. Škvařilová-Pelzl (Rapporteur) and D. Kukovec, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 24 January 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Amstel Brouwerij BV, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 January 2023 (Case R 2088/2021-5) (‘the contested decision’).

Background to the dispute

2. On 17 October 2002, the intervener, Anheuser-Busch LLC, filed an application for registration of the following figurative mark as an EU trade mark:

3. The mark applied for covered beers in Class 32 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.

4. The EU figurative mark was registered ...