Mitteilungen im Abl. nº T-527/18 of Tribunal General de la Unión Europea, December 20, 2019
Resolution Date | December 20, 2019 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-527/18 |
Urteil des Gerichts vom 21. November 2019 - K.A. Schmersal Holding/EUIPO - Tecnium (tec.nicum)
(Rechtssache T-527/18)1
(Unionsmarke - Widerspruchsverfahren - Anmeldung der Unionsbildmarke tec.nicum - Ältere nationale Bildmarke TECNIUM - Relatives Eintragungshindernis - Verwechslungsgefahr - Ähnlichkeit der Dienstleistungen - Ähnlichkeit der Zeichen - Art. 8 Abs. 1 Buchst. b der Verordnung [EU] 2017/1001 - Ernsthafte Benutzung der älteren Marke - Art. 18 Abs. 1 Unterabs. 2 Buchst. a und Art. 47 Abs. 2 und 3 der Verordnung 2017/1001 - Form, die in Bestandteilen abweicht, ohne dass dadurch die Unterscheidungskraft beeinflusst wird - Erstmals vor dem Gericht vorgelegte Beweise)
Verfahrenssprache: Englisch
Parteien
Klägerin: K.A. Schmersal Holding GmbH & Co. KG (Wuppertal, Deutschland) (Prozessbevollmächtigter: Rechtsanwalt A. Haudan)
Beklagter: Amt der Europäischen Union für geistiges Eigentum (Prozessbevollmächtigte: J. Ivanauskas und H. O’Neill)
Andere Beteiligte im Verfahren vor der Beschwerdekammer des EUIPO und Streithelferin vor dem Gericht: Tecnium, SL (Manrise, Spanien) (Prozessbevollmächtigte: Rechtsanwältin E. Sugrañes Coca)
Gegenstand
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