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Case T-211/24: Action brought on 22 April 2024 – SZ DJI Technology v EUIPO – Vision Research (PHANTOM)
ECLI:EU:UNKNOWN:62024TN0211
62024TN0211
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Official Journal of the European Union
EN
C series
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C/2024/3486
10.6.2024
(Case T-211/24)
(C/2024/3486)
Language in which the application was lodged: English
Parties
Applicant: SZ DJI Technology Co. Ltd (Shenzhen, China) (represented by: A. Renck, S. Petivlasova and A. Bothe, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Vision Research, Inc. (Wayne, New York, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: International registration designating the European Union in respect of the word mark PHANTOM – International registration designating the European Union No 1 173 012
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 February 2024 in Case R 2125/2022-5
Form of order sought
The applicant claims that the Court should:
—alter the contested decision, namely point 1 of its operative part, and decide that the trade mark at issue is maintained on the register for high speed cameras under Class 9;
—in the alternative, partially annul the contested decision as regards points 1 and 4 of its operative part; and
—order that the costs of the proceedings are borne by the defendant and the intervener, if any.
Plea in law
—Infringement of Article 58(1)(a) and Article 58(2) in conjunction with Article 198(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2024/3486/oj
ISSN 1977-091X (electronic edition)
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