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

Текст

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

In Case T‑304/23,

Coinbase, Inc., established in Oakland, California (United States), represented by M. Zintler, N. Schmidt-Hamkens and F. Stoll, lawyers,

applicant,

v

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

defendant,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira, President, M. Kancheva and E. Tichy-Fisslberger (Rapporteur), Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 29 February 2024,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Coinbase, Inc., seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 March 2023 (Case R 2001/2022-1) (‘the contested decision’).

Background to the dispute

2. On 15 May 2021, the applicant designated the European Union for international registration No 1629156 in respect of the following figurative sign:

3. The goods and services in respect of which protection of the international registration was sought were in Classes 9, 35, 36, 41, 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 amended, and correspond, for each of those classes, after amendment on 28 January 2022, to the following description:

– Class 9: ‘Downloadable computer software for use in electronically trading, storing, sending, receiving, accepting ...