Дело T-***/**: *****************, Определение от **.**.2024 г.

Текст

... Lack of descriptive character – Lack of customary character – Article 7(1)(b), (c) and (d) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law)

In Case T‑20/23,

Japan Tobacco, Inc., established in Tokyo (Japan), represented by J.L. Gracia Albero and E. Cebollero González, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,

defendant,

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

Dunhill Tobacco of London Ltd, established in London (United Kingdom), represented by I. Fowler, I. Junkar and B. Worbes, lawyers,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira (Rapporteur), President, P. Zilgalvis and E. Tichy-Fisslberger, Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

having regard to the order of 21 November 2023, Japan Tobacco v EUIPO – Dunhill Tobacco of London (FLOW FILTER) (T‑20/23, not published, EU:T:2023:753), by which the General Court dismissed the intervener’s cross-claim as inadmissible,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, Japan Tobacco, Inc., seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 October 2022 (Case R 1774/2021-5) (‘the contested decision’).

Background to the dispute

2. On 12 May 2020, the applicant filed an application with EUIPO for a declaration of invalidity of the EU trade mark which had been registered further to an application filed on ...