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Case T-352/24: Action brought on 12 July 2024 – CeramicSpeed Sport v EUIPO – Golec (OSPW System)
ECLI:EU:UNKNOWN:62024TN0352
62024TN0352
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Official Journal of the European Union
EN
C series
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C/2024/5118
26.8.2024
(Case T-352/24)
(C/2024/5118)
Language in which the application was lodged: English
Parties
Applicant: CeramicSpeed Sport A/S (Holstebro, Denmark) (represented by: K. Kvistgaard-Aaholm, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Marcin Golec (London, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: International registration designating the European Union in respect of the word mark OSPW System – International registration designating the European Union No 1 381 429
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 May 2024 in Case R 1782/2023-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent that it partly invalidated the trade mark at issue;
—alter the contested decision to uphold the appealed decision of the Cancellation Division;
—order EUIPO and, as the case may be, the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings before the General Court and the Board of Appeal.
Pleas in law
—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(c) of Council Regulation (EC) No 207/2009;
—Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) of Council Regulation (EC) No 207/2009;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/5118/oj
ISSN 1977-091X (electronic edition)
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