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Case T-218/22: Action brought on 21 April 2022 — Roxtec v EUIPO — Wallmax (Representation of a blue square containing eight concentric black circles)
ECLI:EU:UNKNOWN:62022TN0218
62022TN0218
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Official Journal of the European Union
C 237/64
(Case T-218/22)
(2022/C 237/83)
Language in which the application was lodged: English
Parties
Applicant: Roxtec AB (Karlskrona, Sweden) (represented by: J. Olsson and J. Adamsson, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Wallmax Srl (Milano, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark (Representation of a blue square containing eight concentric black circles) — European Union trade mark No 7 376 023
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 February 2022 in Case R 1093/2021-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and refer the case back to the Second Board of Appeal of the EUIPO for reconsideration; or
—alter the contested decision by removing the last sentence of paragraph 31 from the decision; and
—order EUIPO to pay the costs incurred in these proceedings.
Pleas in law
—Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.