Appeal loged on 28 Dec 2022, C-788/22 (Louis Vuitton Malletier v EUIPO)

EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings