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Case T-424/23: Action brought on 25 July 2023 — PlanetArt v EUIPO — Free (FreePrints)
ECLI:EU:UNKNOWN:62023TN0424
62023TN0424
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Valentina R., lawyer
11.9.2023
EN
Official Journal of the European Union
C 321/61
(Case T-424/23)
(2023/C 321/68)
Language in which the application was lodged: French
Parties
Applicant: PlanetArt LLC (Wilmington, Delaware, United States) (represented by: M. Schaffner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Free (Paris, France)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Application for EU figurative mark in colour Freeprints — Application No 18 084 906
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 25 May 2023 in Case R 407/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—reject opposition No B 3 101 722 which the Opposition Division of EUIPO upheld on 25 January 2022;
—accordingly, allow registration in respect of application No 18 084 906 for the EU trade mark FreePrints;
—order EUIPO to pay the costs of the proceedings before the Court and before EUIPO (Board of Appeal and Opposition Division), including the expenses necessarily incurred by the applicant in the context of those sets of proceedings.
Plea in law relied on
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.