Дело T-***/**: *****************, Съдебно решение от **.**.2025 г.

Текст

... d for invalidity – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001 )

In Case T‑347/24,

Target Brands, Inc., established in Minneapolis, Minnesota (United States), represented by V. von Bomhard and A. Malkmes, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Klee and V. Ruzek, acting as Agents,

defendant,

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

Polipol Polstermöbel GmbH & Co. KG, established in Diepenau (Germany), represented by N. Friese, lawyer,

THE GENERAL COURT (Second Chamber),

composed of A. Marcoulli, President, V. Tomljenović (Rapporteur) and W. Valasidis, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 30 April 2025,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Target Brands, Inc., seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 April 2024 (Case R 1275/2022-1) (‘the contested decision’).

Background to the dispute

2. On 8 October 2020, the intervener, Polipol Polstermöbel GmbH & Co. KG, filed with EUIPO an application for a declaration of invalidity of the EU trade mark which had been registered following an application filed by the applicant on 3 April 2018 in respect of the following figurative sign:

3. The services covered by the ...