Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... und for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 )

In Case T‑1167/23,

Daimler Truck AG, established in Leinfelden-Echterdingen (Germany), represented by P. Kohl, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee, acting as Agent,

defendant,

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, G. Hesse and B. Ricziová (Rapporteur), Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Daimler Truck AG, seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 September 2023 (Case R 485/2023-2) (‘the contested decision’).

Background to the dispute

2. On 3 August 2022, the applicant designated the European Union in its international registration of the word sign TRUCKS YOU CAN TRUST.

3. The mark applied for covered goods and services in Classes 12, 14, 16, 18, 25, 28, 36, 37 and 41 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration ...