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Case T-376/23: Action brought on 7 July 2023 — Washtower IP v EUIPO — LG Electronics (WASHTOWER)
ECLI:EU:UNKNOWN:62023TN0376
62023TN0376
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21.8.2023
EN
Official Journal of the European Union
C 296/44
(Case T-376/23)
(2023/C 296/49)
Language in which the application was lodged: English
Parties
Applicant: Washtower IP BV (Hengelo, Netherlands) (represented by: L. Fresco, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: LG Electronics, Inc. (Seoul, Republic of Korea)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark WASHTOWER — European Union trade mark No 18 193 675
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 April 2023 in Case R 412/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and dismiss LG Electronics’ cancellation action or, alternatively, annul that decision and send the case back to the Board of Appeal for reconsideration;
—order EUIPO and the other party to the proceedings to bear their own costs and pay those of the applicant.
Pleas in law
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.