Дело T-***/**: *****************, Съдебно решение от **.**.2024 г.

Текст

... ation (EU) 2017/1001 )

In Case T‑538/23,

Lucien Haddad, residing in Paris (France), represented by V. Bouchara and A. Maier, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by L. Lapinskaitė, D. Stoyanova-Valchanova and V. Ruzek, acting as Agents,

defendant,

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

Zeynep Celebi, residing in Düsseldorf (Germany), represented by F. Klopmeier and F. Breuer, lawyers,

THE GENERAL COURT (Seventh Chamber),

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

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 11 July 2024,

gives the following

Judgment

1. By his action under Article 263 TFEU, the applicant, Mr Lucien Haddad, seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 June 2023 (Case R 2221/2022‑5) (‘the contested decision’).

Background to the dispute

2. On 19 June 2016, the intervener, Ms Zeynep Celebi, obtained registration of an EU trade mark, pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1)), for the following figurative sign:

3. The goods in respect of which the mark was registered ...