Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Obligation to state reasons – Right to property – Legal certainty – Legitimate expectations )

In Case T‑307/23,

Jima Projects, established in Oudenaarde (Belgium), represented by J. Løje, lawyer,

applicant,

v

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

defendant,

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

Eli Salis Sulam, residing in Alicante (Spain), represented by M. Pomares Caballero, T. Barber Giner and K. Schmid, lawyers,

THE GENERAL COURT (Eighth Chamber),

composed of A. Kornezov (Rapporteur), President, G. De Baere and S. Kingston, Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 30 April 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Jima Projects, seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 March 2023 (Case R 1215/2022-1) (‘the contested decision’).

Background to the dispute

2. On 15 December 2020, the intervener, Eli Salis Sulam, filed with EUIPO an application for a declaration of invalidity of the EU trade mark which had been registered following an application filed on 12 August 2002 in respect of the following figurative sign:

3. The goods covered by the ...