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Case T-46/25: Action brought on 24 January 2025 – Land Oberösterreich v EUIPO – Norma (Genussländer)

ECLI:EU:UNKNOWN:62025TN0046

62025TN0046

January 24, 2025
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Official Journal of the European Union

C series

C/2025/1454

10.3.2025

(Case T-46/25)

(C/2025/1454)

Language in which the application was lodged: German

Parties

Applicant: Land Oberösterreich (represented by: J. Hintermayr, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Norma Lebensmittelfilialbetrieb Stiftung & Co. KG (Nuremberg, 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: EU word mark ‘Genussländer’ – EU trade mark No 10 217 826

Proceedings before EUIPO: Revocation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 November 2024 in Case R 524/2024-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

in the alternative, amend the contested decision to the effect that the applicant’s complaint against the rejection of the application for revocation is upheld;

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 18(1)(a) 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;

Infringement of Article 19(1) of Council Delegated Regulation (EU) 2018/625.

ELI: http://data.europa.eu/eli/C/2025/1454/oj

ISSN 1977-091X (electronic edition)

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