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Case T-402/24: Action brought on 2 August 2024 – Vintae Luxury Wine Specialists v EUIPO – Grande Vitae (VITAE)
ECLI:EU:UNKNOWN:62024TN0402
62024TN0402
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Official Journal of the European Union
EN
C series
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C/2024/5428
16.9.2024
(Case T-402/24)
(C/2024/5428)
Language in which the application was lodged: English
Parties
Applicant: Vintae Luxury Wine Specialists SLU (Logroño, Spain) (represented by: L. Broschat García and L. Polo Flores, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Grande Vitae GmbH (Delmenhorst, Germany)
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: European Union word mark VITAE – European Union trade mark No 1 769 314
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 3 June 2024 in Case R 1156/2023-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to cancel the trade mark at issue due to lack of genuine use;
—order EUIPO and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings before the General Court, as well as those of the proceedings before the Board of Appeal.
Pleas in law
—Infringement of Article 19 of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2024/5428/oj
ISSN 1977-091X (electronic edition)
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