Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... ng a chequerboard pattern — Absolute grounds for refusal — No distinctive character — Well-known facts — Distinctive character acquired through use — Overall assessment of the evidence of the distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EU) 2017/1001 — Article 59(1) and (2) of Regulation 2017/1001)

In Case T‑105/19,

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

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by V. Ruzek and H. O’Neill, acting as Agents,

defendant,

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

Norbert Wisniewski, residing in Warsaw (Poland),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 22 November 2018 (Case R 274/2017-2) relating to invalidity proceedings between Mr Wisniewski and Louis Vuitton Malletier.

THE GENERAL COURT (Tenth Chamber),

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

Registrar: R. Ukelyte, Administrator,

having regard to the application lodged at the Court Registry on 20 February 2019,

having regard to the response lodged at the Court Registry on 14 May 2019,

having regard to the order of 12 July 2019 refusing to grant Mr Wisniewski the status of intervener,

having regard to the reassignment of the case to the Tenth Chamber,

further to the hearing on 22 January 2020,

gives the following

Judgment

Background to the dispute

1. On 4 November 2008, the applicant, Louis Vuitton ...