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Case T-60/23: Action brought on 9 February 2023 — Ilovepdf v EUIPO (ILOVEPDF)
ECLI:EU:UNKNOWN:62023TN0060
62023TN0060
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Valentina R., lawyer
27.3.2023
EN
Official Journal of the European Union
C 112/46
(Case T-60/23)
(2023/C 112/59)
Language of the case: Spanish
Parties
Applicant: Ilovepdf, SL (Barcelona, Spain) (represented by: J. Oriol Asensio, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for the word mark ILOVEPDF — Application for registration No 18 142 577
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 November 2022 in Case R 641/2021-5
Form of order sought
The applicant claims that the Court should annul the contested decision (and the decision at issue dated 12 February 2021) and issue a new decision replacing the previous decisions in order to progress the publication procedure of the sign applied for in the European Union Trade Marks Bulletin, with a view to granting registration of the sign ILOVEPDF, and impose on EUIPO the costs incurred and the reimbursement of the fees paid to EUIPO for the appeal before the Board of Appeal of EUIPO.
Pleas in law
—Failure to rule on an important preliminary procedural issue concerning the revision of decisions and subsequent repetition of the grounds for refusal, which was omitted from the decision of the Board of Appeal of EUIPO;
—Infringement of Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 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.