Дело T-***/**: *****************, Съдебно решение от **.**.2022 г.

Текст

... enting a pack of cigarettes – Earlier international figurative mark Marlboro SELECTED PREMIUM TOBACCOS – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001)

In Case T‑44/22,

International Masis Tabak LLC, established in Masis (Armenia), represented by C. Bercial Arias and K. Dimidjian-Lecompte, lawyers,

applicant,

v

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

defendant,

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

Philip Morris Brands Sàrl, established in Neuchâtel (Switzerland), represented by L. Alonso Domingo, lawyer,

THE GENERAL COURT (First Chamber),

composed of D. Spielmann, President, M. Brkan and I. Gâlea (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, International Masis Tabak LLC, seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 November 2021 (Case R 261/2021-5) (‘the contested decision’).

Background to the dispute

2. On 7 February 2018, the applicant ...