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

Текст

... rticle 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

In Case T‑466/21,

Dino Baumberger, residing in Wesel (Germany), represented by J. Fusbahn and D. Dawirs, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by N. Lamsters and E. Markakis, acting as Agents,

defendant,

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

Nube, SL, established in Ibiza (Spain), represented by J. Gracia Albero and R. Ahijón Lana, lawyers,

THE GENERAL COURT (Fifth Chamber),

Composed, at the time of the deliberations, of D. Spielmann, President, R. Mastroianni 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 his action under Article 263 TFEU, the applicant, Dino Baumberger, seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 June 2021 (Case R 1221/2020‑5) (‘the contested decision’).

Background to the dispute

2. In 2011, the intervener, Nube, SL, founded the Lío club in Ibiza. It includes a restaurant, a cabaret and ...