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

Текст

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

In Case T‑29/23,

Vobro sp. z o.o., established in Brodnica (Poland), represented by M. Kondrat, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Stoyanova-Valchanova and T. Frydendahl, acting as Agents,

defendant,

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

Mieszko S.A., established in Warsaw (Poland),

THE GENERAL COURT (Sixth Chamber),

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

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Vobro sp. z o.o., seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 November 2022 (Case R 2073/2021-5) (‘the contested decision’).

I. Background to the dispute

2. On 4 March 2020, 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 ...