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Case T-1135/23: Action brought on 4 December 2023 — Funline International v EUIPO — MS Trade (JUNGLE PREMIUM)
ECLI:EU:UNKNOWN:62023TN1135
62023TN1135
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Official Journal of the European Union
EN
Series C
C/2024/1251
12.2.2024
(Case T-1135/23)
(C/2024/1251)
Language in which the application was lodged: English
Parties
Applicant: Funline International (New York, New York, United States) (represented by: Z. Juppová, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: MS Trade s.r.o. (Prague, Czech Republic)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark JUNGLE PREMIUM — European Union trade mark No 8 951 295
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 September 2023 in Case R 2263/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision; or
—annul the contested decision and reject the application for revocation; and
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as regards the interpretation of the scope of protection conferred by the registration of a trade mark and as regards the interpretation of its genuine use;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as regards the nature of the goods in respect of which the trade mark is registered;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as regards the interpretation of the function of a trade mark;
—Infringement of Article 19(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
ELI: http://data.europa.eu/eli/C/2024/1251/oj
ISSN 1977-091X (electronic edition)