Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001)

In Case T‑79/23,

Chiquita Brands LLC, established in Fort Lauderdale, Florida (United States), represented by R. Dissmann and L. Jones, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas 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

Jara 2000, SL, established in Murcia (Spain), represented by M. Salas Martín, lawyer,

THE GENERAL COURT (First Chamber),

composed of D. Spielmann, President, M. Brkan and T. Tóth (Rapporteur), Judges,

Registrar: R. Ūkelytė, Administrator,

having regard to the written part of the procedure,

further to the hearing on 15 January 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Chiquita Brands LLC, seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2022 (Case R 1811/2021-2) (‘the contested decision’).

Background to the dispute

2. On 4 June 2019, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the word sign CHIQUITA QUEEN.

3. The mark applied for covered goods in Class 31 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, corresponding ...