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Case T-631/22: Action brought on 11 October 2022 — Beijing Unicorn Technology v EUIPO — WD Plus (Device of a circle with two sharp points)
ECLI:EU:UNKNOWN:62022TN0631
62022TN0631
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5.12.2022
EN
Official Journal of the European Union
C 463/56
(Case T-631/22)
(2022/C 463/83)
Language in which the application was lodged: English
Parties
Applicant: Beijing Unicorn Technology Co. Ltd (Beijing, China) (represented by: M. Kinkeldey, S. Brandstätter and S. Clotten, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: WD Plus GmbH (Hannover, Germany)
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 representing a device of a circle with two sharp points — Application for registration No 18 278 716
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 July 2022 in Case R 246/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order that the costs of the proceedings be borne by the defendant and by the other party to the proceedings before the Board of Appeal if it joins as intervener.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the EUIPO’s obligation to state reasons pursuant to Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.