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Case T-145/22: Action brought on 17 March 2022 — CEDC International v EUIPO — Underberg (Shape of a blade of grass in a bottle)
ECLI:EU:UNKNOWN:62022TN0145
62022TN0145
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16.5.2022
EN
Official Journal of the European Union
C 198/56
(Case T-145/22)
(2022/C 198/80)
Language in which the application was lodged: English
Parties
Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Fijałkowski, radca prawny)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Underberg AG (Dietlikon, Switzerland)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union tridimensional mark (Shape of a blade of grass in a bottle) — Application for registration No 33 266
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 22 December 2021 in Case R 1954/2020-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in part in respect of the grounds of opposition under Article 8(3) of Regulation No 207/2009;
—order EUIPO and the other party before the Board of Appeal to bear the costs incurred by the applicant in the proceedings before the General Court and the Board of Appeal.
Pleas in law
—Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in connection with Article 8(3) of Regulation No 207/2009;
—Infringement of Article 8(3) of Regulation No 207/2009.