Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... round for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑381/19,

adp Gauselmann GmbH, established in Espelkamp (Germany), represented by P. Koch Moreno, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Palmero Cabezas, acting as Agent,

defendant,

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

Gameloft SE, established in Paris (France),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 11 April 2019 (Case R 976/2018-2), relating to opposition proceedings between adp Gauselmann and Gameloft,

THE GENERAL COURT (Fifth Chamber),

composed of D. Spielmann, President, U. Öberg and R. Mastroianni (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 21 June 2019,

having regard to the response lodged at the Court Registry on 27 September 2019,

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

Background to the dispute

1. On 17 October 2016, Gameloft SE 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 ...