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Case T-1090/23: Action brought on 22 November 2023 — Starwe Global v EUIPO — Mirus Beheer (VA VIVAIA)
ECLI:EU:UNKNOWN:62023TN1090
62023TN1090
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Official Journal of the European Union
EN
Series C
C/2024/752
(Case T-1090/23)
(C/2024/752)
Language in which the application was lodged: English
Parties
Applicant: Starwe Global Holding Inc. (Miami, Florida, United States) (represented by: M. Rieger-Jansen, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Mirus Beheer BV (Kaatsheuvel, Netherlands)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark VA VIVAIA — European Union trade mark No 18 266 193
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 September 2023 in Case R 2306/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—dismiss the application for invalidity in its entirety;
—order EUIPO and the other party to the proceedings before the Board of Appeal to jointly and severally pay the applicant’s costs in the present proceedings.
Pleas in law
—Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council through incorrect assessment of the similarity between the signs;
—Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council through the incorrect finding of a likelihood of confusion between the signs.