Order of the General Court of 9 April 2024 – Heraeus Electronics v EUIPO – Welco (WELCO)
(Case T-513/23) 1
(Action for annulment – EU trade mark – Invalidity proceedings – EU word mark WELCO – Earlier EU figurative mark WELCO – No recording of the change in ownership of the contested trade mark in the EU trade mark register – No locus standi – Inadmissibility)
Language of the case: German
Parties
Applicant: Heraeus Electronics GmbH & Co. KG (Hanau, Germany) (represented by: A. Ebert-Weidenfeller and H. Förster, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and A. Söder, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Welco spol. s r. o. (Uherský Brod, Czech Republic) (represented by: J. Bühling and D. Graetsch, lawyers)
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 1 June 2023 (Case R 2409/2022-2).
Operative part of the order
The action is dismissed as inadmissible.
Heraeus Electronics GmbH & Co. KG shall bear its own costs before the General Court and pay those incurred by Welco spol. s r. o.
The European Union Intellectual Property Office (EUIPO) shall bear its own costs.
____________
1 OJ C C/2023/37, 9.10.2023.