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Case T-285/23: Action brought on 24 May 2023 — Volta Charging v EUIPO — The Paper & Office Equipment Spain Ass (VOLTA)

ECLI:EU:UNKNOWN:62023TN0285

62023TN0285

May 24, 2023
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Official Journal of the European Union

C 235/76

(Case T-285/23)

(2023/C 235/90)

Language in which the application was lodged: English

Parties

Applicant: Volta Charging LLC (San Francisco, California, United States) (represented by: T. Stein, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: The Paper & Office Equipment Spain Ass, SA (Arrankudiaga, Spain)

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: European Union word mark VOLTA — European Union trade mark No 17 630 252

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 March 2023 in Case R 1860/2022-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

revoke EUTM No 17 630 252 VOLTA in its entirety;

order EUIPO to pay the costs necessarily incurred by the applicant for the purposes of the proceedings before the Court and the Board of Appeal.

Plea in law

Infringement of Article 58(1)(a) read in conjunction with Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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