Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

... stinctive character — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(2)(a) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001))

In Case T‑340/18,

Gibson Brands, Inc., established in Nashville, Tennessee (United States), represented initially by K. Hughes, Solicitor, A. Renck and C. Stöber, and subsequently by A. Renck and C. Stöber, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by P. Sipos and H. O’Neill, acting as Agents,

defendant,

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

Hans-Peter Wilfer, residing in Markeneukirchen (Germany), represented by O. Nilgen and A. Kockläuner, lawyers,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 8 March 2018 (Case R 415/2017-2), relating to invalidity proceedings between Mr Wilfer and Gibson Brands,

THE GENERAL COURT (Second Chamber),

composed of M. Prek, President, F. Schalin (Rapporteur) and M.J. Costeira, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 31 May 2018,

having regard to the response of EUIPO lodged at the Court Registry on 6 September 2018,

having regard to the response of the intervener lodged at the Court Registry on 30 August 2018,

further to the hearing on 11 April 2019,

gives the following

Judgment

Background to the dispute

1. On 16 June 2010, the applicant, Gibson Brands, Inc., filed an application for registration of ...