Дело T-***/**: *****************, Определение от **.**.2022 г.

Текст

... – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law)

In Case T‑264/22,

Lin Suicha, residing in Wenxi (China), represented by J. Donoso Romero, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája and I. Stoycheva, acting as Agents,

defendant,

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

Michael Kors (Switzerland) International GmbH, established in Manno (Switzerland), represented by J. van Manen, E. van Gelderen and L. Fresco, lawyers,

THE GENERAL COURT (Sixth Chamber),

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

Registrar: E. Coulon,

having regard to the written part of the procedure,

makes the following

Order

1. By her action based on Article 263 TFEU, the applicant, Ms Lin Suicha, seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 March 2022 (Case R 1899/2021-1) (‘the contested decision’).

Background to the dispute

2. On 16 June 2020, the intervener, Michael Kors (Switzerland) International GmbH, filed with EUIPO an application for a declaration of invalidity of the EU trade mark that had been registered following an application filed on 23 August 2018 by the applicant in respect of the following figurative sign:

3. The goods covered by the contested mark in respect of which a declaration of invalidity was sought were in ...