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Case T-401/24: Judgment of the General Court of 14 May 2025 – BDSwiss v EUIPO (BDSwiss) (EU trade mark – EU word mark BDSwiss – Refusal to forward the international application to the International Bureau of WIPO – Article 184(5)(f) of Regulation (EU) 2017/1001 – Concept of real and effective industrial or commercial establishment – Article 2(1)(ii) of the Protocol relating to the Madrid Agreement)
ECLI:EU:UNKNOWN:62024TA0401
62024TA0401
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Official Journal of the European Union
C series
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C/2025/3413
30.6.2025
(Case T-401/24)
(EU trade mark - EU word mark BDSwiss - Refusal to forward the international application to the International Bureau of WIPO - Article 184(5)(f) of Regulation (EU) 2017/1001 - Concept of ‘real and effective industrial or commercial establishment’ - Article 2(1)(ii) of the Protocol relating to the Madrid Agreement)
(C/2025/3413)
Language of the case: German
Parties
Applicant: BDSwiss AG (Zug, Switzerland) (represented by: J.-A. Fortmeyer, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Stoyanova-Valchanova, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 May 2024 (Case R 206/2024-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders each party to bear their own costs.
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OJ C C/2024/5829, 7.10.2024.
ELI: http://data.europa.eu/eli/C/2025/3413/oj
ISSN 1977-091X (electronic edition)
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