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

Текст

... urative mark tema – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Lack of genuine use of the mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – Use in a form which differs in elements which alter the distinctive character of the trade mark – Article 15(1), second subparagraph, point (a), of Regulation No 207/2009 (now Article 18(1), second subparagraph, point (a), of Regulation 2017/1001))

In Case T‑52/22,

Chambre de commerce et d’industrie territoriale de la Marne en Champagne, established in Châlons-en-Champagne (France), represented by T. de Haan, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by T. Frydendahl, acting as Agent,

defendant,

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

Ambrosetti Group Ltd, established in London (United Kingdom), represented by G. Guglielmetti, lawyer,

THE GENERAL COURT (Sixth Chamber),

composed of M.J. Costeira, President, U. Öberg and E. Tichy-Fisslberger (Rapporteur), Judges,

Registrar: T. Henze, Acting Registrar,

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 ...