Дело T-***/**: *****************, Съдебно решение от **.**.2022 г.

Текст

... nting a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings)

In Case T‑275/21,

Louis Vuitton Malletier, established in Paris (France), represented by P. Roncaglia, N. Parrotta and P.-Y. Gautier, lawyers,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Norbert Wisniewski, residing in Warsaw (Poland),

THE GENERAL COURT (Tenth Chamber),

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

Registrar: R. Ūkelytė, Administrator,

having regard to the written part of the procedure,

further to the hearing on 24 March 2022,

gives the following

Judgment

1. By its action based on Article 263 TFEU, the applicant, Louis Vuitton Malletier, seeks the annulment and alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 February 2021 (Case R 1307/2020-5) (‘the contested decision’).

Background to the dispute

2. On 25 June 2015, Mr Norbert Wisniewski filed an application with EUIPO for a declaration of invalidity of ...