Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... r refusal — Well-known trade mark within the meaning of Article 6bis of the Paris Convention — Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001))

In Case T‑717/18,

B. D. — Boyer Developpement, established in Moissac (France), represented by É. Junca, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Lapinskaite, A. Folliard-Monguiral, H. O’Neill 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

Philicon-97 AD, established in Plovdiv (Bulgaria), represented by V. Pavlov and M. Lazarov, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 10 October 2018 (Case R 375/2018-4), relating to invalidity proceedings between Philicon 97 and B. D. — Boyer Developpement,

THE GENERAL COURT (Tenth Chamber),

composed of A. Kornezov, President, E. Buttigieg and G. Hesse (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the application lodged at the Court Registry on 5 December 2018,

having regard to the response of EUIPO lodged at the Court Registry on 28 March 2019,

having regard to the response of the intervener lodged at the Court Registry on 27 March 2019,

further to the hearing on 30 January 2020,

gives the following

Judgment

Background to the dispute

1. On 27 January 2011, the applicant, B. D. — Boyer Developpement, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office ...