Дело T-***/**: *****************, Определение от **.**.2022 г.

Текст

... (1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law)

In Case T‑801/21,

Fieldpoint (Cyprus) LTD, established in Nicosia (Cyprus), represented by P. Rath and S. Gebele, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Lapinskaite and T. Klee, acting as Agents,

defendant,

THE GENERAL COURT (Tenth Chamber),

composed, at the time of the deliberations, of A. Kornezov, President, E. Buttigieg (Rapporteur) and K. Kowalik-Bańczyk, Judges,

Registrar: E. Coulon,

having regard to the written part of the procedure,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, Fieldpoint (Cyprus) LTD, seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 October 2021 (Case R 1165/2021-2) (‘the contested decision’).

Background to the dispute

2. On 10 November 2020, the applicant filed with EUIPO an application for registration of an EU trade mark in respect of the word sign HYPERLIGHTEYEWEAR.

3. The goods in respect of which registration was sought are in Classes 3, 5, 9, 10 and 25 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, to the following description:

– Class 3: ‘Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery; essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations’;

...