Дело T-***/**: *****************, Съдебно решение от **.**.2017 г.

Текст

... for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

In Case T‑768/15,

RP Technik GmbH Profilsysteme, established in Bönen (Germany), represented by P.-J. Henrichs, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Schifko, acting as Agent,

defendant,

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

Tecnomarmi Snc Di Gatto Omar & C., established in Treviso (Italy),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 14 October 2015 (Case R 2061/2014-2), relating to opposition proceedings between RP Technik and Tecnomarmi,

THE GENERAL COURT (First Chamber),

composed of I. Pelikánová, President, P. Nihoul (Rapporteur) and J. Svenningsen, Judges,

Registrar: X. Lopez Bancalari, Administrator,

having regard to the application lodged at the Court Registry on 28 December 2015,

having regard to the response lodged at the Court Registry on 22 June 2016,

further to the hearing on 26 April 2017,

gives the following

Judgment

Background to the dispute

1. On 20 November 2013, Tecnomarmi Snc Di Gatto Omar & C. filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1).

2. Registration as a mark was sought for the following figurative sign:

3. The goods and services in respect of which registration was sought were in, inter alia, Classes 19 ...