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Case T-35/23: Action brought on 1 February 2023 — Daimler Truck v EUIPO (YOUR PERFORMANCE PLUS)
ECLI:EU:UNKNOWN:62023TN0035
62023TN0035
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13.3.2023
EN
Official Journal of the European Union
C 94/64
(Case T-35/23)
(2023/C 94/77)
Language of the case: German
Parties
Applicant: Daimler Truck AG (Leinfelden-Echterdingen, Germany) (represented by: P. Kohl, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for EU word mark YOUR PERFORMANCE PLUS — Application No 18 464 821
Contested decision: Decision of the First Board of Appeal of EUIPO of 1 December 2022 in Case R 527/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs, including the costs incurred in the course of the opposition and appeal proceedings.
Plea in law
Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.