Order of the General Court of 17 January 2024 – Palírna U Zeleného stromu v EUIPO – Bacardi (B42V)
(Case T-800/22) 1
(EU trade mark – Opposition proceedings – Application for EU figurative mark B42V – International registration of the earlier figurative mark 42 Below – Decision of the Board of Appeal upholding the claims made by the applicant – Manifest inadmissibility in part – Refusal of the Board of Appeal to exercise any power within the competence of the Opposition Division – Action in part manifestly lacking any foundation in law)
Language of the case: English
Parties
Applicant: Palírna U Zeleného stromu a.s. (Ústí nad Labem, Czech Republic) (represented by: J. Kindl, 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: Bacardi & Co. Ltd (Meyrin, Switzerland)
Re:
By its action under Article 263 TFEU, the applicant seeks, in essence, the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 October 2022 (Case R 1240/2021-2).
Operative part of the order
1. The action is dismissed as being, in part, manifestly inadmissible and, in part, manifestly lacking any foundation in law.
2. Each party shall bear its own costs.
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1 OJ C 54, 13.2.2023.