Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... gy Drink – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 )

In Case T‑507/23,

ZB, represented by P. Korolko, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

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

Siyabend Goran Muhsinoglu, residing in Troisdorf (Germany), represented by C. Weil, lawyer,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, J. Schwarcz and V. Tomljenović (Rapporteur), Judges,

Registrar: V. Di Bucci,

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 his action under Article 263 TFEU, the applicant, ZB, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2023 (Case R 221/2023‑4) (‘the contested decision’).

Background to the dispute

2. On 15 March 2021, the applicant filed an application for registration of an EU trade mark with EUIPO pursuant ...