Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... invalidity – Distinctive character – No descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Restriction of the goods covered by the application for a declaration of invalidity – Obligation to state reasons)

In Case T‑735/21,

Luigi Aprile, residing in San Giuseppe Vesuviano (Italy),

Commerciale Italiana Srl, established in Nola (Italy),

represented by C. Saettel, lawyer,

applicants,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

DC Comics, established in Burbank, California (United States), represented by G. Glas, P. Van Dyck and E. Taelman, lawyers,

THE GENERAL COURT (Seventh Chamber),

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

Registrar: R. Ūkelytė, Administrator,

having regard to the written part of the procedure,

further to the hearing on 13 January 2023,

gives the following

Judgment

1. By their action under Article 263 TFEU, the first applicant, Mr Luigi Aprile, and the second applicant, Commerciale Italiana Srl, in liquidation, seek annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2021 (Case R 1447/2020-2) (‘the contested decision’).

2. The present action was lodged by the first applicant as single shareholder of the second applicant and by the second applicant represented by that single shareholder, as the second applicant was a ...