Official Journal of the European Union

EN

C series

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C/2024/3350

3.6.2024

(Case T-196/24)

(C/2024/3350)

Language in which the application was lodged: English

Parties

Applicant: Digi International, Inc. (Hopkins, Minnesota, United States) (represented by: M. Hawkins, T. Dolde and C. Zimmer, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Teraoka Seiko Co. Ltd (Tokyo, Japan)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: International registration designating the European Union in respect of the figurative mark DIGI – International registration designating the European Union No 1 326 111

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 31 January 2024 in Case R 1906/2022-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision to the extent that it found genuine use of the European Union trade mark registration No. 3 481 199 DIGI;

—alter the contested decision and reject the opposition No°B 2 887 449 brought against the trade mark at issue in its entirety;

—order that the costs of the proceedings be borne by EUIPO and/or the other party (assuming it intervenes in the proceedings).

Pleas in law

—Distortion of evidence pursuant to Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

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

—Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

ELI: http://data.europa.eu/eli/C/2024/3350/oj

ISSN 1977-091X (electronic edition)

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