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

Текст

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

In Case T‑853/19,

Reza Hossein Khan Tehrani, residing in Nordhorn (Germany), represented by D. Wiedemann, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Hanf and V. Ruzek, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Blue Genes, Inc., established in Gardena, California (United States),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 4 October 2019 (Case R 531/2018-5), relating to invalidity proceedings between Blue Genes and Mr Tehrani,

THE GENERAL COURT (Tenth Chamber),

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

Registrar: J. Pichon, Administrator,

having regard to the application lodged at the Court Registry on 17 December 2019,

having regard to the response lodged at the Court Registry on 4 March 2020,

further to the hearing on 13 November 2020,

gives the following

Judgment

Background to the dispute

1. On 31 December 2013, the applicant, Mr Reza Hossein Khan Tehrani, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) 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 ...