Judgment of the General Court of 17 April 2024 – Insider v EUIPO – Alaj (in Insajderi)
(Case T-119/23) 1
(EU trade mark – Opposition proceedings – Application for EU figurative mark in Insajderi – Earlier national word mark INSAJDERI and earlier national figurative mark in Insajderi Gazetë online – Relative ground for refusal – Article 8(3) of Regulation (EU) 2017/1001 – Extent of the examination to be carried out by the Board of Appeal – Article 27(2) of Delegated Regulation (EU) 2018/625 – Failure to submit evidence – Translation – Article 7 of Delegated Regulation 2018/625 – Right to be heard – Article 41 of the Charter of Fundamental Rights – Article 94(1) of Regulation 2017/1001 – Possibility for the Board of Appeal to accept evidence submitted for the first time before it – Article 27(4) of Delegated Regulation 2018/625 – Article 95(2) of Regulation 2017/1001)
Language of the case: English
Parties
Applicant: Insider LLC (Pristina, Republic of Kosovo) (represented by: M. Ketler, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Florim Alaj (Zug, Switzerland)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 December 2022 (Case R 1152/2022-5).
Operative part of the judgment
The Court:
Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 December 2022 (Case R 1152/2022-5);
Orders EUIPO to bear its own costs and to pay those incurred by Insider LLC.
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1 OJ C 155, 2.5.2023.