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Case T-661/22: Action brought on 31 October 2022 — Claro v EUIPO — Claranet Europe (Claro)
ECLI:EU:UNKNOWN:62022TN0661
62022TN0661
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9.1.2023
EN
Official Journal of the European Union
C 7/37
(Case T-661/22)
(2023/C 7/45)
Language in which the application was lodged: English
Parties
Applicant: Claro SA (São Paulo, Brazil) (represented by: J. Ferreira Sardinha, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Claranet Europe Ltd (St Helier, Jersey)
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 in red and white Claro — European Union trade mark No 16 172 934
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 August 2022 in Case R 1674/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision.
Pleas in law
—Infringement of Article 60(1)a read together with Article 8(1)b of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 60(1)a read together with Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.