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Case T-1153/23: Judgment of the General Court of 9 April 2025 – Ghiassi v EUIPO – Hersill (VITAE) (EU trade mark – Invalidity proceedings – EU word mark VITAE – Absolute grounds for invalidity – Lack of descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62023TA1153
62023TA1153
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Official Journal of the European Union
C series
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C/2025/2858
(Case T-1153/23)
(EU trade mark - Invalidity proceedings - EU word mark VITAE - Absolute grounds for invalidity - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
(C/2025/2858)
Language of the case: English
Parties
Applicant: Ardeshir Ghiassi (Unna, Germany) (represented by: G. Vierkötter, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hersill SL (Móstoles, Spain) (represented by: K. Guridi Sedlak, lawyer)
Re:
By his action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 October 2023 (Case R 2392/2022-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Ardeshir Ghiassi, in addition to bearing his own costs, to pay those incurred by Hersill SL;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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(1) OJ C C/2024/1253, 12.2.2024.
ELI: http://data.europa.eu/eli/C/2025/2858/oj
ISSN 1977-091X (electronic edition)
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