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Case T-157/23: Action brought on 24 March 2023 — Kneipp v EUIPO — Patou (Joyful by nature)
ECLI:EU:UNKNOWN:62023TN0157
62023TN0157
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Official Journal of the European Union
C 173/37
(Case T-157/23)
(2023/C 173/48)
Language in which the application was lodged: English
Parties
Applicant: Kneipp GmbH (Würzburg, Germany) (represented by: M. Pejman, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Jean Patou (Paris, France)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union word mark Joyful by nature — Application for registration No 18 159 946
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 January 2023 in Case R 532/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it dismissed the applicant’s appeal against the refusal of the application for goods and services in Classes 3, 4, 35 and 44;
—order EUIPO to pay the applicant`s fees and costs of the action as well as the applicant`s fees and costs of the opposition proceedings.
Plea in law
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.