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

Текст

... or refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Proof of genuine use of the earlier mark — Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001))

In Case T‑739/16,

Akant Monika i Zbigniew Harasym sp.j., established in Koszalin (Poland), represented by M. Krekora, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Walicka, acting as Agent,

defendant,

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

Hunter Douglas Holding GmbH & Co. KG, established in Düsseldorf (Germany), represented by M. Sonntag, lawyer,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 22 August 2016 (Case R 2364/2015‑2), relating to opposition proceedings between Hunter Douglas Holding and Akant Monika i Zbigniew Harasym,

THE GENERAL COURT (Single Judge),

Judge: U. Öberg,

Registrar: J. Palacio González, Principal Administrator,

having regard to the application lodged at the Court Registry on 25 October 2016,

having regard to the response of EUIPO lodged at the Court Registry on 1 March 2017,

having regard to the response of the intervener lodged at the Court Registry on 23 February 2017,

further to the hearing on 10 April 2018,

gives the following

Judgment

Background to the dispute

1. On 11 September 2013, the applicant, Akant Monika i Zbigniew Harasym sp.j., filed an application for registration of an EU trade mark at the European Union ...