Order of the General Court (Second Chamber) of 7 November 2023 –
Sattvica v EUIPO – Maradona Villafañe and Others (DIEGO MARADONA)
(Case T‑299/22) (1)
(EU trade mark – Procedure for the revocation of decisions or the cancellation of entries – Cancellation of an entry in the register – Entry of a transfer of a trade mark in the register – Article 20 of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law)
1. Action for annulment – Jurisdiction of the EU judicature – Request that directions be issued to an institution – Inadmissibility
(Art. 263 TFEU)
(see paragraph 25)
2. EU trade mark – EU trade marks as objects of property – Transfer – Entry of the transfer in the register – Conditions – Application for registration not complying with requirements under EU legislation – Appeal not allowed to proceed
(European Parliament and Council Regulation 2017/1001, Art. 20; Commission Regulation 2018/626, Art. 13)
(see paragraphs 38-45)
Operative part
1. | | The appeal is dismissed. |
2. | | Sattvica SA shall bear its own costs and pay those incurred by Ms Dalma Nerea Maradona Villafañe, Ms Dinorah Gianinna Maradona Villafañe, Mr Diego Fernando Maradona Ojeda, Ms Jana Maradona Sabalain and Mr Diego Armando Maradona Sinagra, including before the Board of Appeal of the European Union Intellectual Property Office (EUIPO). |
3. | | EUIPO shall bear its own costs. |