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

Текст

... ional word mark HYDRABIO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – First sentence of Article 95(1) of Regulation 2017/1001)

In Case T‑328/22,

Korres AE – Fysika Proionta, established in Metamorfosi Attikis (Greece), represented by S. Tsimikalis, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

Naos, established in Aix-en-Provence (France), represented by L. Janin-Reynaud, lawyer,

THE GENERAL COURT (First Chamber),

composed of D. Spielmann, President, V. Valančius and M. Brkan (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 21 June 2023,

gives the following

Judgment

1. By its action based on Article 263 TFEU, the applicant, Korres AE – Fysika Proionta, seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 March 2022 (Case R 1410/2021-5) (‘the contested decision’).

Background to the dispute

2. On 17 February 2020, the applicant filed an application for registration of an EU trade mark with EUIPO for the following figurative sign:

3. The mark applied for covered goods in Class 3 of the Nice Agreement ...