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

Текст

... marks representing three hexagons – Earlier EU figurative mark OLIMP– Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Family of marks – Legitimate expectations – Legal certainty)

In Case T‑511/22,

Olimp Laboratories sp. z o.o., established in Dębica (Poland), represented by M. Kondrat, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

Sonja Schmitzer, residing in Teltow (Germany), represented by D. Breuer, lawyer,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira (Rapporteur), President, P. Zilgalvis and E. Tichy-Fisslberger, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 10 May 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Olimp Laboratories sp. z o.o., seeks the annulment and alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2022 (Case R 1888/2021-4) (‘the contested decision’).

I. Background to the dispute

2. On 3 January 2020, the intervener, Ms Sonja Schmitzer, filed an application with EUIPO for registration of the following figurative sign as an EU trade mark:

3. The goods and services in respect of which registration was sought were in Classes 5, 35 and 44 of the Nice Agreement Concerning the International Classification of Goods and ...