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

Текст

... T – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 18(1), second subparagraph, point (a), and Article 47(2) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character)

In Case T‑437/22,

Vanhove, established in Bordeaux (France), represented by N. Castagnon, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by M. Eberl and T. Klee, acting as Agents,

defendant,

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

Aldi Einkauf SE & Co. OHG, established in Essen (Germany), represented by N. Lützenrath, C. Fürsen, M. Minkner and A. Starcke, lawyers,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira, President, M. Kancheva and P. Zilgalvis (Rapporteur), Judges,

Registrar: T. Henze, Acting Registrar,

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, Vanhove, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of ...