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

Текст

... Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 )

In Case T‑472/24,

Summer Fridays LLC, established in Los Angeles, California (United States), represented by M. Maier, lawyer,

applicant,

v

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

defendant,

THE GENERAL COURT (First Chamber),

composed of R. Mastroianni, President, M. Brkan and S.L. Kalėda (Rapporteur), Judges,

Registrar: J. Čuboň, Administrator,

having regard to the written part of the procedure,

further to the hearing on 30 April 2025,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Summer Fridays LLC, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 July 2024 (Case R 1033/2024-5) (‘the contested decision’).

Background to the dispute

2. On 3 October 2023, the applicant obtained from the International Bureau of the World Intellectual Property Organization (WIPO) international registration No 1760112 designating the European Union in respect of the word sign JET LAG. On 9 November 2023, EUIPO received notification of the international registration at issue, pursuant to the fourth sentence of Article 3(4) of the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989 (OJ 2003 L 296, p. 22), as amended on 12 November 2007.

3. The mark applied for covered goods in Class 3 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of ...