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

Текст

... 1001 – Admissibility – Trade mark liable to mislead the public – Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001))

In Case T‑739/20,

Unite the Union, established in London (United Kingdom), represented by B. O’Connor and M. Hommé, lawyers,

applicant,

v

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

defendant,

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

WWRD Ireland IPCO LLC, established in Wilmington, Delaware (United States), represented by M. Mortelé and B. Lieben, lawyers,

THE GENERAL COURT (Third Chamber),

composed of G. De Baere (Rapporteur), President, V. Kreuschitz and G. Steinfatt, Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure, in particular:

– the plea of inadmissibility put forward by EUIPO by document lodged at the Court Registry on 29 March 2021,

– the order of 5 July 2021 reserving the decision on the plea of inadmissibility for the final judgment,

further to the hearing on 31 March 2022,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Unite the Union, seeks the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 September 2020 (Case R 2683/2019-2) (‘the contested decision’).

Background to the dispute

2. On 23 June 2000, the predecessor in law to the intervener, WWRD Ireland IPCO LLC, obtained ...