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

Текст

... ticle 7 of Regulation (EC) No 6/2002)

In Case T‑647/22,

Puma SE, established in Herzogenaurach (Germany), represented by M. Schunke and P. Trieb, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by E. Markakis, acting as Agent,

defendant,

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

Handelsmaatschappij J. Van Hilst BV, established in Waalwijk (Netherlands), represented by L. Jonker and M. Roosendaal, lawyers,

THE GENERAL COURT (Sixth Chamber),

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

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 7 November 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Puma SE, seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 August 2022 (Case R 726/2021-3) (‘the contested decision’).

Background to the dispute

2. On 22 July 2019, the intervener, Handelsmaatschappij J. Van Hilst BV, filed with EUIPO an application for a declaration of invalidity of the Community design registered following an application filed on 26 July 2016 and represented in the following seven views:

3. The products in which the contested design is intended to be incorporated are in Class 02-04 of the Locarno Agreement Establishing an International Classification for Industrial Designs of 8 October 1968, as amended, and correspond to the following description: ‘Shoes’.

4. The ground ...