Дело T-***/**: *****************, Съдебно решение от **.**.2021 г.

Текст

... t – Earlier EU word mark ONE – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001) – Decision taken following the annulment of an earlier decision by the General Court – Article 72(6) of Regulation (EU) 2017/1001 – Res judicata)

In Case T‑616/20,

Société des produits Nestlé SA, established in Vevey (Switzerland), represented by A. Jaeger-Lenz and C. Elkemann, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by G. Sakalaitė-Orlovskienė and D. Walicka, acting as Agents,

defendant,

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

Amigüitos pets & life, SA, established in Lorca (Spain), represented by N. Fernández Fernández-Pacheco, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 29 July 2020 (Case R 424/2020-5), relating to opposition proceedings between Société des produits Nestlé and Amigüitos pets & life,

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira, President, M. Kancheva (Rapporteur) and T. Perišin, Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 5 October 2020,

having regard to the response of EUIPO lodged at the Court Registry on 14 December 2020,

having regard to the response of the intervener lodged at the Court Registry on 15 December 2020,

having regard to the designation of another judge to complete the Chamber following the death of Judge Berke on 1 ...