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Valentina R., lawyer
EN
C series
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29.4.2024
(C/2024/2780)
Language in which the application was lodged: English
Applicant: Guangzhou Wanglaoji Grand Health Co. Ltd (Guangzhou, China) (represented by: P. Groß, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Multi Access Ltd (Road Town, British Virgin Islands)
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union figurative mark (Device of six Chinese characters) – European Union trade mark No 9 151 507
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 December 2023 in Case R 326/2023-4
The applicant claims that the Court should:
—annul the contested decision;
—declare the contested mark invalid on the basis of Article 52(1)(b) of Council Regulation (EC) No 207/2009;
—order EUIPO and Multi Access Limited, in case that the latter decides to intervene, to bear their own costs;
—order EUIPO and Multi Access Limited, in case that the latter decides to intervene, to pay the costs incurred by the applicant, including those the latter party incurred before the Board of Appeal.
—Infringement of Article 52(1)(b) of Council Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council).
ELI: http://data.europa.eu/eli/C/2024/2780/oj
ISSN 1977-091X (electronic edition)
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