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Document 62022TO0019
Order of the General Court (Third Chamber) of 20 December 2022.
Piaggio & C. SpA v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – European Union three-dimensional mark – Shape of a scooter – Cross-claim – Application for alteration – Request for the Court to issue directions – Partial inadmissibility – Partial jurisdiction.
Case T-19/22.
Order of the General Court (Third Chamber) of 20 December 2022.
Piaggio & C. SpA v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – European Union three-dimensional mark – Shape of a scooter – Cross-claim – Application for alteration – Request for the Court to issue directions – Partial inadmissibility – Partial jurisdiction.
Case T-19/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:859
Order of the General Court (Third Chamber) of 20 December 2022 –
Piaggio & C. v EUIPO – Zhejiang Zhongneng Industry Group (Shape of a scooter)
(Case T‑19/22)
(EU trade mark – Invalidity proceedings – European Union three-dimensional mark – Shape of a scooter – Cross-claim – Application for alteration – Request for the Court to issue directions – Partial inadmissibility – Partial jurisdiction)
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1. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of EUIPO – Assessment in the light of the powers conferred on the Board of Appeal – Single head of claim seeking alteration (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 33) |
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2. |
EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 36) |
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3. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction issued to the Office – Not included (European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see paragraph 41) |
Operative part
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1. |
The cross-claim is dismissed as partially inadmissible and partially on the ground of the Court’s lack of jurisdiction to hear it. |
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2. |
Zhejiang Zhongneng Industry Group Co. Ltd shall pay the costs relating to the cross-claim. |