Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2025/5330 | 13.10.2025 |

Judgment of the General Court of 3 September 2025 – Eti v EUIPO – Star Foods E.M. (Decoration for bags of packaging)

(Case T-83/24)
 [(1)](#ntr1-C_202505330EN.000101-E0001)

(European Union design - Invalidity proceedings - Registered European Union design representing decoration for bags of packaging - Earlier national word and figurative marks - Ground for invalidity - Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Applicable substantive law - Rights of the defence - Scope of the examination carried out by the Board of Appeal)

(C/2025/5330)

Language of the case: English

Parties

Applicant: Eti Gıda Sanayi ve Ticaret AŞ (Eskişehir, Türkiye) (represented by: A. Căvescu, lawyer)

Defendant: European Union Intellectual Property Office (represented by: C. Bovar and J. Ivanauskas, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Star Foods E.M. SRL (Bucharest, Romania) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 December 2023 (Case R 1017/2023-3).

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Eti Gıda Sanayi ve Ticaret AŞ to bear its own costs and to pay those incurred by Star Foods E.M. SRL; |

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| 3. | Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. |

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ELI: http://data.europa.eu/eli/C/2025/5330/oj

ISSN 1977-091X (electronic edition)

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