Дело T-***/**: *****************, Определение от **.**.2025 г.

Текст

... )(c) of Regulation (EU) 2017/1001 – Article 59(1)(a) of Regulation 2017/1001 – Action manifestly lacking any foundation in law )

In Case T‑512/24,

Oberon Fuels, Inc., established in Wilmington, Delaware (United States), represented by M. Körner and J. Wachinger, lawyers,

applicant,

v

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

defendant,

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

Dimeta BV, established in Leiden (Netherlands),

THE GENERAL COURT (Third Chamber),

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

Registrar: V. Di Bucci,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, Oberon Fuels, Inc., seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2024 (Case R 664/2024-2) (‘the contested decision’).

Background to the dispute

2. On 19 January 2023, the other party to the proceedings before the Board of Appeal, Dimeta BV, filed an application with EUIPO for a declaration of invalidity of the EU trade mark which had been registered following an application filed by the applicant on 15 May 2022, with a date of priority of 18 January 2022, for the word sign RDME.

3. The goods covered by the contested mark in respect of which a declaration of invalidity was sought are in Class 4 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration ...