I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2023/C 189/52)
Language in which the application was lodged: English
Applicant: Peikko Group Oy (Lahti, Finland) (represented by: M. Müller and A. Fottner, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Anstar Oy (Villähde, Finland)
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union tridimensional mark (Shape of metal beams for construction) — European Union trade mark No 18 139 145
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 February 2023 in Case R 2180/2021-5
The applicant claims that the Court should:
—annul the contested decision;
—reject the request for declaration of invalidity of the trade mark at issue;
—order the defendant and the other party to the proceedings before the Board of Appeal to bear the applicant’s costs in the present procedure and in the procedure before the Board of Appeal.
—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.