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

Текст

... d. – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑26/23,

Feed SA, established in Paris (France), represented by V. Bouchara and A. Maier, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by 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

The Feed.com, Inc., established in Broomfield, Colorado (United States), represented by J. Lacker, lawyer,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, G. Hesse (Rapporteur) and B. Ricziová, Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the written part of the procedure,

further to the hearing on 11 October 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Feed SA, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 November 2022 (Case R 552/2022-5) (‘the contested decision’).

Background to the dispute

2. On 17 July 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 covered goods and services in Classes 29, 30, 32 and 43 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, for each of those classes, ...