Дело T-***/**: *****************, Съдебно решение от **.**.2019 г.

Текст

... CNIUM — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation 2017/1001 — Form differing in elements which do not alter the distinctive character — Evidence submitted for the first time before the General Court)

In Case T‑527/18,

K.A. Schmersal Holding GmbH & Co. KG, established in Wuppertal (Germany), represented by A. Haudan, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas and H. O’Neill, acting as Agents,

defendant,

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

Tecnium, SL, established in Manresa (Spain), represented by E. Sugrañes Coca, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 21 June 2018 (Case R 2427/2017‑5), relating to opposition proceedings between Tecnium and K.A. Schmersal Holding,

THE GENERAL COURT (First Chamber),

composed of V. Valančius (Rapporteur), acting as President, J. Svenningsen and U. Öberg, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 6 September 2018,

having regard to the response of EUIPO lodged at the Court Registry on 30 January 2019,

having regard to the response of the intervener lodged at the Court Registry on 17 January 2019,

further to the hearing on 10 ...