Дело T-***/**: *****************, Документ от **.**.2022 г.

Текст

... ive ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑715/20,

Degode-Dermago Development GmbH, established in Strausberg (Germany), represented by O. Spieker, A. Schönfleisch and N. Willich, lawyers,

applicant,

v

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

defendant,

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

Leo Pharma A/S, established in Ballerup (Denmark),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 4 September 2020 (Case R 337/2020‑5) relating to opposition proceedings between Leo Pharma and Degode-Dermago Development,

THE GENERAL COURT (Second Chamber),

composed of V. Tomljenović, President, F. Schalin and I. Nõmm (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 4 December 2020,

having regard to the response lodged at the Court Registry on 23 March 2021,

further to the hearing on 25 October 2021,

gives the following

Judgment

Background to the dispute

1. On 9 May 2018, the applicant, Degode-Dermago Development GmbH, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).

2. Registration as a mark was sought for the word sign Skinovea.

3. The goods and services in respect of which registration was ...