Official Journal of the European Union

Series C

C/2023/219

(Case T-507/23)

(C/2023/219)

Language in which the application was lodged: English

Parties

Applicant: ZB (represented by: P. Korolko, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Siyabend Goran Muhsinoglu (Troisdorf, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark X ENERGY DRINK — Application for registration No 18 428 256

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 23 June 2023 in Case R 221/2023-4

Form of order sought

The applicant claims that the Court should:

—alter the contested decision and reject the opposition in its entirety;

—register the trademark applied for;

—order EUIPO and the intervener to bear their own costs and to pay those incurred by the applicant, including those incurred in the proceedings before the EUIPO.

Pleas in law

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Failure of the duty to state reasons of contested decision and infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 41(2) of Charter of Fundamental Rights of the European Union.

ELI: http://data.europa.eu/eli/C/2023/219/oj

ISSN 1977-091X (electronic edition)