Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... icle 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))

In Case T‑308/22,

celotec GmbH & Co. KG, established in Sendenhorst (Germany), represented by E. Warnke and J. Römelt, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by R. Raponi, acting as Agent,

defendant,

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

Decotec Printing, SA, established in Barcelona (Spain), represented by K. Guridi Sedlak, lawyer,

THE GENERAL COURT (First Chamber),

composed of D. Spielmann, President, M. Brkan and T. Tóth (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 7 February 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, celotec GmbH & Co. KG, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 March 2022 (Case R 1025/2021-5) (‘the contested decision’).

Background to the dispute

2. On 17 December 2019, the applicant filed with EUIPO an application for a declaration of invalidity of the EU trade mark which had been registered following a trade mark application in respect of the word sign DECOTEC which had been filed by Decotec Printing, SA, on 7 June 2012.

3. The goods covered by the contested mark in respect of which a declaration of invalidity was sought are in Classes 16, 19 and 27 of the ...