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Case T-1096/23: Action brought on 23 November 2023 — Lotus Bakeries v EUIPO (Combination of colours red and white)
ECLI:EU:UNKNOWN:62023TN1096
62023TN1096
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Official Journal of the European Union
EN
Series C
C/2024/755
22.1.2024
(Case T-1096/23)
(C/2024/755)
Language of the case: English
Parties
Applicant: Lotus Bakeries (Lembeke, Belgium) (represented by: C. Gommers, lawyer)
Defendant: European Union Intellectual Property Office
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union trade mark (Colour representing the combination of colours red and white) — Application for registration No 18 659 684
Contested decision: Decision of the First Board of Appeal of EUIPO of 21 September 2023 in Case R 730/2023-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—refers the trade mark at issue back to the EUIPO for examination;
—order EUIPO to pay the costs including the costs in the proceedings before the First Board of Appeal.
Pleas in law
—Infringement of Articles 4 and 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principles of proportionality and of equal treatment.
ELI: http://data.europa.eu/eli/C/2024/755/oj
ISSN 1977-091X (electronic edition)
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Language of the case: English.