Дело T-***/**: *****************, Определение от **.**.2019 г.

Текст

... Circle — Earlier EU word mark InnerCircle — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law)

In Case T‑575/18,

Shore Capital International Ltd, established in Berlin (Germany), represented by O. Spieker, A. Schönfleisch and N. Willich, lawyers,

applicant,

v

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

defendant,

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

Circle Imperium BV, established in Amsterdam (Netherlands),

ACTION brought against the decision of the First Board of Appeal of EUIPO of 7 June 2018 (Case R 1402/2017‑1), relating to opposition proceedings between Shore Capital International and Circle Imperium,

THE GENERAL COURT (Eighth Chamber),

composed of A.M. Collins, President, M. Kancheva (Rapporteur) and G. De Baere, Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 25 September 2018,

having regard to the response lodged at the Court Registry on 28 January 2019,

makes the following

Order

Background to the dispute

1. On 3 April 2015, Circle Imperium BV obtained from the International Bureau of the World Intellectual Property Organisation (WIPO) international registration designating the European Union under number 1266666 of the following figurative mark:

2. On 1 October 2015, the European Union Intellectual Property Office (EUIPO) received notification of the international registration of the mark at issue, pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 ...