Дело C-77/16: Hewlett Packard Development Company/EUIPO, Определение от 26 май 2016 г.

Текст

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In Case C‑77/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 11 February 2016,

Hewlett Packard Development Company LP, established in Dallas, Texas (United States), represented by T. Raab and H. Lauf, Rechtsanwälte,

appellant,

the other party to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Tenth Chamber),

composed of F. Biltgen, President of the Chamber, E. Levits (Rapporteur) and M. Berger, Judges,

Advocate General: M. Campos Sánchez-Bordona,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, in accordance with Article 181 of the Rules of Procedure of the Court,

makes the following

Order

1. By its appeal, Hewlett Packard Development Company LP (‘Hewlett Packard’) seeks to have set aside the judgment of the General Court of the European Union of 3 December 2015 in Hewlett Packard Development Company v OHIM (FORTIFY) (T‑628/14, EU:T:2015:925, ‘the judgment under appeal’), by which the General Court dismissed its action seeking the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 June 2014 (Case R 249/2014-2), concerning an application for registration of the word sign ‘FORTITY’ as an EU trade mark (‘the decision at issue’).

2. In support of its appeal, Hewlett Packard puts forward two grounds of appeal, alleging infringement, respectively:

– of Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February ...