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Case T-792/22: Action brought on 21 December 2022 — Quatrotec Electrónica v EUIPO — Woxter Technology (WOXTER)
ECLI:EU:UNKNOWN:62022TN0792
62022TN0792
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6.2.2023
EN
Official Journal of the European Union
C 45/31
(Case T-792/22)
(2023/C 45/40)
Language in which the application was lodged: Spanish
Parties
Applicant: Quatrotec Electrónica, SL (Madrid, Spain) (represented by: I. Valdelomar Serrano, J. Rodríguez-Fuensalida y Carnicero, P. Ramells Higueras, A. Figuerola Moure and P. Muñoz Moreno, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Woxter Technology Co. Ltd (Causeway Bay, Hong Kong, China)
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: Figurative mark WOXTER — EU trade mark No 3 217 031
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 September 2022 in Case R 0323/2022-4
Form of order sought
The applicant claims that the Court should:
—declare that Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council was erroneously applied in the contested decision;
—order the revocation of EU trade mark No 3 217 031 WOXTER (figurative mark) in respect of all the goods and services in Classes 9, 37 and 39;
—order the defendant to pay the costs associated with these proceedings, including the representation costs incurred by the applicant.
Plea in law
Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.