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

Текст

... bsolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 )

In Case T‑215/24,

Rigo Trading SA, established in Senningerberg (Luxembourg), represented by H. Held, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by R. Raponi and V. Ruzek, acting as Agents,

defendant,

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov, President, D. Petrlík and S. Kingston (Rapporteur), Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 17 January 2025,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Rigo Trading SA, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 February 2024 (Case R 2150/2023-5) (‘the contested decision’).

Background to the dispute

2. On 19 April 2022, the applicant designated the European Union for international registration in respect of the following figurative mark:

3. The mark applied for covered goods, following the restriction made in the course of the proceedings before EUIPO, in Classes 9, 14, 16, 18, 20, 21, 24, 25, 26, 27 and 28 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, for each of those classes, to the description set out in paragraph 1 of the contested decision.

4. By decision of 5 September 2023, the examiner refused, on ...