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Case T-735/21: Judgment of the General Court of 7 June 2023 — Aprile and Commerciale Italiana v EUIPO — DC Comics (Representation of a bat in an oval surround) (EU trade mark — Invalidity proceedings — Figurative EU trade mark representing a bat in an oval surround — Absolute grounds for invalidity — Distinctive character — No descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Restriction of the goods covered by the application for a declaration of invalidity — Obligation to state reasons)
ECLI:EU:UNKNOWN:62021TA0735
62021TA0735
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Official Journal of the European Union
C 252/44
(Case T-735/21)
(EU trade mark - Invalidity proceedings - Figurative EU trade mark representing a bat in an oval surround - Absolute grounds for invalidity - Distinctive character - No descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) - Restriction of the goods covered by the application for a declaration of invalidity - Obligation to state reasons)
(2023/C 252/50)
Language of the case: English
Parties
Applicants: Luigi Aprile (San Giuseppe Vesuviano, Italy), Commerciale Italiana Srl (Nola, Italy) (represented by: C. Saettel, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: DC Comics (Burbank, California, United States) (represented by: G. Glas, P. Van Dyck and E. Taelman, lawyers)
Re:
By their action under Article 263 TFEU, the applicants seek annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2021 (Case R 1447/2020-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Luigi Aprile and Commerciale Italiana Srl to pay the costs.
OJ C 37, 24.1.2022.