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Case T-168/24: Action brought on 27 March 2024 – Quality is Our Recipe v EUIPO – Granizados Maresme (Frosty)
ECLI:EU:UNKNOWN:62024TN0168
62024TN0168
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Official Journal of the European Union
EN
C series
—
C/2024/3086
13.5.2024
(Case T-168/24)
(C/2024/3086)
Language in which the application was lodged: Spanish
Parties
Applicant: Quality is Our Recipe LLC (Dublin, Ohio, United States) (represented by: A. Ortiz López and M. Polo Carreño, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Granizados Maresme SLL (Pineda de Mar, Spain)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for EU figurative mark Frosty – Application for registration No 18 190 328
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 30 January 2024 in Case R 1086/2023-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the opponent to pay the costs incurred in both the opposition and appeal proceedings that gave rise to the present action, in addition to the costs incurred in the latter.
Pleas in law
—Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and incorrect assessment of the proof of use in accordance with Article 10(3) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.