Official Journal of the European Union

C series

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C/2024/5244

(Case T-372/24)

(C/2024/5244)

Language in which the application was lodged: Italian

Parties

Applicant: K-Way SpA (Milan, Italy) (represented by: D. Sindico, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Adorno Gubbini (Bagnolo Mella, Italy)

Details of the proceedings before EUIPO

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

Trade mark at issue: EU figurative mark representing a rectangular strip with vertical long sides – EU trade mark No 3 971 561

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 21 May 2024 in Case R 1748/2023-2

Form of order sought

The applicant claims that the Court should:

—principally, vary the contested decision in so far as it did not find the use of mark No 3 971 561 proven, for the purposes of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in respect of goods in Class 18, namely, handbags, briefcases, purses, shopping bags, and vanity cases [not fitted], and that on the basis of arguments contained in the present action in conjunction with the proof and documents in the first two stages of proceedings and, without subsequent reference back, uphold the validity thereof;

—in the alternative, annul the contested decision and, accordingly, remit the case to the Board of Appeal;

—determine the amount of costs to be borne by EUIPO.

Plea in law

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/2024/5244/oj

ISSN 1977-091X (electronic edition)

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