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Case T-442/23: Judgment of the General Court of 2 April 2025 – Giuliani v EUIPO – H&H (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) – Mark of such a nature as to deceive the public – Article 7(1)(g) of Regulation No 40/94 (now Article 7(1)(g) of Regulation 2017/1001) – Bad faith – Right to be heard – Article 41 of the Charter of Fundamental Rights)
ECLI:EU:UNKNOWN:62023TA0442
62023TA0442
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Official Journal of the European Union
C series
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C/2025/2857
(Case T-442/23)
(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) - Mark of such a nature as to deceive the public - Article 7(1)(g) of Regulation No 40/94 (now Article 7(1)(g) of Regulation 2017/1001) - Bad faith - Right to be heard - Article 41 of the Charter of Fundamental Rights)
(C/2025/2857)
Language of the case: English
Parties
Applicant: Giuliani SpA (Milan, Italy) (represented by: S. de Bosio, lawyer)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Health and Happiness (H&H) Hong Kong Ltd (Hong Kong, China) (represented by: S. Geerlings, lawyer, and N. Saunders, Barrister-at-Law)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 May 2023 (Case R 2185/2019-1 RENV), as corrected by the corrigendum of 27 May 2024.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Giuliani SpA to pay the costs.
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OJ C 329, 18.9.2023.
ELI: http://data.europa.eu/eli/C/2025/2857/oj
ISSN 1977-091X (electronic edition)
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