Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... tage of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))

In Case T‑662/16,

Gall Pharma GmbH, established in Judenburg (Austria), represented initially by D. Reichelt and L. Figura, and subsequently by T. Schafft, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája 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

Pfizer Inc., established in New York, New York (United States), represented by V. von Bomhard and J. Fuhrmann, lawyers,

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 13 June 2016 (Case R 724/2015-5), relating to opposition proceedings between Pfizer and Gall Pharma,

THE GENERAL COURT (Sixth Chamber),

composed of G. Berardis, President, D. Spielmann and Z. Csehi (Rapporteur), Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 12 September 2016,

having regard to the response of EUIPO lodged at the Court Registry on 27 February 2017,

having regard to the response of the intervener lodged at the Court Registry on 20 February 2017,

further to the hearing on 27 November 2017,

gives the following

Judgment

Background to the dispute

1. On 10 September 2013 the applicant, Gall Pharma GmbH, filed an application for registration of a European Union trade mark with the European Union Intellectual Property Office (EUIPO) pursuant ...