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

Текст

... elative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001 — Enhanced distinctiveness of the earlier mark)

In Case T‑378/18,

NHS, Inc., established in Santa Cruz, California, (United States), represented by P. Olson, lawyer,

applicant,

v

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

defendant,

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

HLC SB Distribution, SL, established in Irún (Spain),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 13 April 2018 (Case R 1217/2017‑5), relating to opposition proceedings between NHS and HLC SB Distribution,

THE GENERAL COURT (Eighth Chamber),

composed of A. M. Collins, President, M. Kancheva (Rapporteur) and G. De Baere, Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the application lodged at the Court Registry on 22 June 2018,

having regard to the response lodged at the Court Registry on 5 October 2018,

further to the hearing on 10 April 2019,

gives the following

Judgment

1. On 4 December 2014, HLC SB Distribution, SL, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1)).

...