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

Текст

... senting an eagle or other bird of prey – Relative ground for refusal – Likelihood of confusion – Phonetic similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 72(6) of Regulation 2017/1001 – Article 94(1) of Regulation 2017/1001)

In Case T‑699/20,

Fashion Energy Srl, established in Milan (Italy), represented by T. Müller and F. Togo, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Rampini and V. Ruzek, acting as Agents,

defendant,

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

Retail Royalty Co., established in Las Vegas, Nevada (United States), represented by J. Bogatz and Y. Stone, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 10 September 2020 (Case R 426/2020‑4), relating to opposition proceedings between Retail Royalty and Fashion Energy,

THE GENERAL COURT (Sixth Chamber),

composed of A. Marcoulli, President, S. Frimodt Nielsen and R. Norkus (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 20 November 2020,

having regard to the response of EUIPO lodged at the Court Registry on 11 February 2021,

having regard to the response of the intervener lodged at the Court Registry on 18 February 2021,

further to the hearing on 15 September 2021,

gives the following

Judgment

Background to the dispute

1. On 16 October 2009, the applicant, Fashion Energy Srl, filed ...