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Case T-113/23: Action brought on 2 March 2023 — Papier-Mettler v EUIPO (Shape of a carrier bag)
ECLI:EU:UNKNOWN:62023TN0113
62023TN0113
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Official Journal of the European Union
C 127/59
(Case T-113/23)
(2023/C 127/73)
Language of the case: German
Parties
Applicant: Papier-Mettler KG (Morbach, Germany) (represented by: D. Graetsch and M. Bergermann, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: EU three-dimensional mark (Shape of a carrier bag) — Application No 18 580 604
Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 December 2022 in Case R 764/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.
Plea in law
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.