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

Текст

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

In Case T‑357/23,

Verla-Pharm Arzneimittel GmbH & Co. KG, established in Tutzing (Germany), represented by M.-C. Seiler, 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

Valeria Converso, residing in San Giorgio a Cremano (Italy), represented by F. Musella, lawyer,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, V. Tomljenović (Rapporteur) and L. Spangsberg Grønfeldt, 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, Verla-Pharm Arzneimittel GmbH & Co. KG, seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 February 2023 (Case R 268/2022-2) (‘the contested decision’).

Background to the dispute

2. On 8 October 2020, the intervener, Ms Valeria Converso, filed an application for registration of an EU trade mark in respect ...