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Case T-101/23: Action brought on 24 February 2023 — Darila v EUIPO — Original Buff (Buffet)
ECLI:EU:UNKNOWN:62023TN0101
62023TN0101
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11.4.2023
EN
Official Journal of the European Union
C 127/58
(Case T-101/23)
(2023/C 127/71)
Language in which the application was lodged: English
Parties
Applicant: Michal Darila (Bratislava, Slovakia) (represented by: M. Holič, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Original Buff, SA (Igualada, Spain)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark Buffet — Application for registration No 18 285 108
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 16 December 2022 in Case R 528/2022-2
Form of order sought
The applicant claims that the Court should:
—alter the contested decision;
—uphold the decision of the Opposition Division on opposition No B 3 136 022;
—reject the opposition;
—order EUIPO to pay the costs of the proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.