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

Текст

... 7/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 )

In Case T‑604/23,

ePlus Inc., established in Herndon, Virginia (United States), represented by V. von Bomhard, J. Fuhrmann and A. Malkmes, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

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

Telefónica Germany GmbH & Co. OHG, established in Munich (Germany), represented by P. Neuwald, lawyer,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, V. Tomljenović and L. Spangsberg Grønfeldt (Rapporteur), Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, ePlus Inc., seeks the partial annulment and the alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 June 2023 (Joined Cases R 1199/2022‑1 and R 1711/2022‑1) (‘the contested decision’).

Background to the dispute

2. On 12 April 2021, the applicant filed a request with EUIPO for a declaration ...