Дело T-***/**: *****************, Съдебно решение от **.**.2025 г.

Текст

... elative ground for refusal – Genuine use of the earlier mark – Article 47(2) and (3) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Admissibility of new evidence – Article 95(2) of Regulation 2017/1001 – Cross-claim before the General Court )

In Case T‑86/24,

Vinatis SAS, established in Annecy (France), represented by J. Canlorbe, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee, acting as Agent,

defendant,

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

Vinites BV, established in Haarlem (Netherlands), represented by L. van Leeuwen and J. Koekkoek, lawyers,

THE GENERAL COURT (Third Chamber),

composed of P. Škvařilová-Pelzl, President, G. Steinfatt and D. Kukovec (Rapporteur), Judges,

Registrar: J. Čuboň, Administrator,

having regard to the written part of the procedure,

further to the hearing on 2 April 2025,

gives the following

Judgment

1. By its action based on Article 263 TFEU, the applicant, Vinatis SAS, seeks the partial annulment and alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 December 2023 (Case R 2110/2022-5) (‘the contested decision’).

I. Background to the dispute

2. On 17 July 2020, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the word sign VINATIS.

3. The mark applied for covered goods and services in Classes 32, 33 and 35 of the Nice ...