Дело T-***/**: *****************, Съдебно решение от **.**.2021 г.

Текст

... refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001)

In Case T‑562/20,

Upper Echelon Products LLC, established in Austin, Texas (United States), represented by M. Izquierdo Blanco, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Hanf, acting as Agent,

defendant,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 14 July 2020 (Case R 952/2020-1) relating to the international registration designating the European Union in respect of the word mark Everlasting Comfort,

THE GENERAL COURT (Ninth Chamber),

composed of M. J. Costeira, President, B. Berke and T. Perišin (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 10 September 2020,

having regard to the response lodged at the Court Registry on 15 December 2020,

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

Background to the dispute

1. On 25 July 2019, the applicant, Upper Echelon Products LLC, obtained from the World Intellectual Property Organisation (WIPO) international registration designating the European Union, under number 1429637, of the word mark Everlasting Comfort.

2. On 26 September 2019, the European Union Intellectual Property Office (EUIPO) received notification of ...