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

Текст

... (1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001)

In Case T‑352/22,

De Dietrich Process Systems GmbH, established in Mainz (Germany), represented by M. Körner, lawyer,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Koch-Glitsch LP, established in Wichita, Kansas (United States),

THE GENERAL COURT (First Chamber),

composed of D. Spielmann, President, R. Mastroianni and T. Tóth (Rapporteur), Judges,

Registrar: E. Coulon,

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, De Dietrich Process Systems GmbH, seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 April 2022 (Case R 1105/2021-1) (‘the contested decision’).

Background to the dispute

2. On 12 March 2020, the applicant filed with EUIPO an application for a declaration of invalidity of the EU trade mark which had been registered following an application filed on 26 April 2004 ...