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

Текст

... LIANCE INDIA INTERNATIONAL – Earlier EU figurative mark yoga ALLIANCE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts by EUIPO of its own motion – Article 95(1) of Regulation 2017/1001)

In Case T‑443/21,

YAplus DBA Yoga Alliance, established in Arlington, Virginia (United States), represented by A. Thünken, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl and V. Ruzek, acting as Agents,

defendant,

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

Swami Vidyanand, residing in Villupuram (India), represented by L. Saglietti and E. Bianco, lawyers,

THE GENERAL COURT (Ninth Chamber),

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

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 14 September 2022,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, YAplus DBA Yoga Alliance, seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 May 2021 (Case R 1062/2020-1) (‘the contested decision’).

Background to the dispute

2. On 16 April 2018, the intervener, Mr Swami Vidyanand, obtained from the International Bureau of the World Intellectual Property Organisation (WIPO) the international registration designating the European Union under number 1415321 of the figurative mark represented below, which was notified ...