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

Текст

... Regulation (EU) 2017/1001 – Classification of the goods for which genuine use has been shown)

In Case T‑419/22,

Medex, živilska industrija, d.o.o., established in Ljubljana (Slovenia), represented by N. Čuden, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Ivanauskas, acting as Agent,

defendant,

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

Gerrit Cornelis Johan Stein, residing in Elp (Netherlands),

THE GENERAL COURT (Seventh Chamber),

composed of K. Kowalik-Bańczyk, President, G. Hesse (Rapporteur) and I. Dimitrakopoulos, Judges,

Registrar: V. Di Bucci,

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 on the basis of Article 263 TFEU, the applicant, Medex, živilska industrija, d.o.o., seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 May 2022 (Case R 1361/2021-5) (‘the contested decision’).

Background to the dispute

2. On 3 October 2011, the applicant filed an application for registration of an EU trade mark with EUIPO in respect of the following figurative sign:

3. The mark in respect of which registration was sought ...