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

Текст

... lier national word mark BIOPLAK – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑459/22,

Laboratorios Ern, SA, established in Barcelona (Spain), represented by S. Correa Rodríguez, lawyer,

applicant,

v

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

defendant,

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

Biolark, Inc., established in San Diego, California (United States),

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov (Rapporteur), President, G. De Baere and K. Kecsmár, 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, Laboratorios Ern, SA, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 April 2022 (Case R 1234/2021-5) (‘the contested decision’).

Background to the dispute

2. On 28 February 2019, EUIPO received notification of the international registration designating the European Union bearing number 1 453 505 pursuant to Regulation (EU) 2017/1001 of the European Parliament and ...