Дело T-***/**: *****************, Съдебно решение от **.**.2025 г.

Текст

... ative mark DOG – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 )

In Case T‑53/24,

Schmidt Spiele GmbH, established in Berlin (Germany), represented by T. Urek, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Ringelhann, acting as Agent,

defendant,

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

David de Gea Quintana, residing in Hale Barns (United Kingdom),

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, J. Schwarcz (Rapporteur) and V. Tomljenović, 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 its action under Article 263 TFEU, the applicant, Schmidt Spiele GmbH, seeks the annulment and, in essence, the alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 December 2023 (Case R 1039/2023-2) (‘the contested decision’).

Background to the dispute

2. On 28 September 2021, Mr de Gea Quintana filed an application for registration of an EU trade mark with EUIPO in respect of the following figurative ...