Official Journal of the European Union

EN

Series C

C/2023/775

(Case T-604/23)

(C/2023/775)

Language in which the application was lodged: English

Parties

Applicant: ePlus Inc. (Herndon, Virginia, États-Unis) (represented by: V. von Bomhard, J. Fuhrmann and A. Malkmes, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Telefónica Germany GmbH & Co. OHG (Munich, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark e.plus — European Union trade mark No 1 132 299

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 30 June 2023 in joined cases R 1199/2022-1 and R 1711/2022-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision as regards points 2, 4, 5, and 6 of the operative part of that decision;

—alter the contested decision to the effect that the appeal to the Board of Appeal of other party to the proceedings before it is dismissed and that the appeal of the applicant before it leads to the contested mark being revoked for all services of class 38, that the costs of the appeal proceedings in case R 1199/2022-1 are borne by the other party to the proceedings before the Board of Appeal, and that each party bears the costs of the appeal proceedings in case R 1711/2022-1;

—order EUIPO and, if the other party to the proceedings before the Board of Appeal intervenes, the Intervener to pay the costs.

Pleas in law

—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.