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Case T-486/20: Judgment of the General Court of 19 October 2022 — H&H v EUIPO — Giuliani (Swisse) (EU trade mark — Invalidity proceedings — EU figurative mark Swisse — Absolute grounds for invalidity — Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — No distinctive character — Trade mark of such a nature as to deceive the public — State emblem — Trade mark including badges, emblems or escutcheons — Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) — Bad faith — Statement of reasons for the application for a declaration of invalidity — Article 63(2) of Regulation 2017/1001 — Scope of the examination which has to be carried out by EUIPO — Article 95(1) of Regulation 2017/1001 — Right to be heard — Article 41 of the Charter of Fundamental Rights)
ECLI:EU:UNKNOWN:62020TA0486
62020TA0486
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12.12.2022
Official Journal of the European Union
C 472/34
(Case T-486/20) (*)
(EU trade mark - Invalidity proceedings - EU figurative mark Swisse - Absolute grounds for invalidity - Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) - No distinctive character - Trade mark of such a nature as to deceive the public - State emblem - Trade mark including badges, emblems or escutcheons - Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) - Bad faith - Statement of reasons for the application for a declaration of invalidity - Article 63(2) of Regulation 2017/1001 - Scope of the examination which has to be carried out by EUIPO - Article 95(1) of Regulation 2017/1001 - Right to be heard - Article 41 of the Charter of Fundamental Rights)
(2022/C 472/37)
Language of the case: English
Parties
Applicant: Health and Happiness (H&H) Hong Kong Ltd (Hong Kong, China) (represented by: D. Rose and L. Flascher, Solicitors, and N. Saunders KC)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Giuliani SpA (Milan, Italy) (represented by: S. de Bosio, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 May 2020 (Case R 2185/2019-5).
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 May 2020 (Case R 2185/2019-5);
2.Orders EUIPO to bear its own costs and to pay those incurred by Health and Happiness (H&H) Hong Kong Ltd;
3.Orders Giuliani SpA to bear its own costs.
(*)
Language of the case: English.
OJ C 320, 28.9.2020.