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

Текст

... earlier international registrations of the mark REPLAY – Relative ground for refusal – Unfair advantage – Article 8(5) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law )

In Case T‑164/24,

Fashion Box SpA, established in Asolo (Italy), represented by A. Parassina and A. Giovannardi, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,

defendant,

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

Ghostthinker GmbH, established in Augsburg (Germany), represented by M. Zollner and D. Breuer, lawyers,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk (Rapporteur), President, G. Hesse and B. Ricziová, Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

makes the following

Order

1. By its action based on Article 263 TFEU, the applicant, Fashion Box SpA, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 January 2024 (Case R 0424/2023-1) (‘the contested decision’).

Background to the dispute

2. On 18 January 2021, the intervener, Ghostthinker GmbH, filed an application for registration of an EU trade mark with EUIPO in respect of the word sign RE:PLAY.

3. The mark applied for covered goods and services in Classes 9, 41 and 42 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 ...