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Case T-663/24: Action brought on 19 December 2024 – Mostostal v EUIPO – Mostostal Siedlce (MOSTOSTAL)
ECLI:EU:UNKNOWN:62024TN0663
62024TN0663
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Official Journal of the European Union
EN
C series
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C/2025/1236
(Case T-663/24)
(C/2025/1236)
Language in which the application was lodged: English
Parties
Applicant: Mostostal S.A. (Warsaw, Poland) (represented by: C. Saettel, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Mostostal Siedlce sp. z o.o. (Siedlce, Poland)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark MOSTOSTAL – European Union trade mark No 9 329 848
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 8 October 2024 in Case R 2453/2019-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—in the alternative, partially annul the contested decision to the extent that it dismissed the appeal regarding the services in class 35, for which the Applicant has provided proof of genuine use of the contested mark;
—order EUIPO and the other party to the proceedings before the Board of Appeal to pay all costs of the dispute before the General Court, including those related to the procedure before the First Board of Appeal.
Pleas in law
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2025/1236/oj
ISSN 1977-091X (electronic edition)
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