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Case T-1121/23: Action brought on 28 November 2023 — Summerbird v EUIPO — Puratos (AMBER)
ECLI:EU:UNKNOWN:62023TN1121
62023TN1121
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Official Journal of the European Union
EN
Series C
C/2024/965
29.1.2024
(Case T-1121/23)
(C/2024/965)
Language in which the application was lodged: English
Parties
Applicant: Summerbird A/S (Assens, Denmark) (represented by: M. Bartholdy, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Puratos (Groot-Bijgaarden, Belgium)
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 AMBER — European Union trade mark No 18 063 071
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 28 September 2023 in Case R 1816/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent that it found the trade mark at issue to be descriptive, and reject the request for invalidity of the trade mark at issue in its entirety or at least partially;
—in the alternative, refer the case back to the EUIPO for renewed decision;
—order the Board of Appeal to bear its own costs and to pay those incurred by the applicant, including the expenses necessarily incurred for the purpose of the appeal proceedings before the Board of Appeal of EUIPO.
Plea in law
—Infringement of Articles 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/965/oj
ISSN 1977-091X (electronic edition)