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Case T-1039/23: Action brought on 17 October 2023 — Mendes v EUIPO — Actial Farmaceutica (STREPTOCOCCUS THERMOPHILUS DSM24731)
ECLI:EU:UNKNOWN:62023TN1039
62023TN1039
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Official Journal of the European Union
Series C
C/2023/1176
(Case T-1039/23)
(C/2023/1176)
Language in which the application was lodged: English
Parties
Applicant: Mendes SA (Lugano, Switzerland) (represented by: M. Cavattoni, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Actial Farmaceutica Srl (Rome, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark STREPTOCOCCUS THERMOPHILUS DSM24731 — European Union trade mark No 12 869 152
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 16 August 2023 in Case R 2247/2022-4
Form of order sought
The applicant claims that the Court should:
—uphold its action;
—annul the contested decision;
—order the other party to the proceedings to bear the costs and fees.
Pleas in law
—Infringement of Article 7(1)(c) of Council Regulation (EC) No 207/2009;
—Infringement of Article 7(1)(b), (c) and (g) of Council Regulation (EC) No 207/2009;
—Violation of the right to property of the applicant;
—Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.