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Case T-140/24: Action brought on 4 March 2024 – Xilin Gol League Xiyang Mutton Industry/EUIPO – Baidu Europe (baidu)
ECLI:EU:UNKNOWN:62024TN0140
62024TN0140
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Official Journal of the European Union
EN
C series
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C/2024/2786
29.4.2024
(Case T-140/24)
(C/2024/2786)
Language in which the application was lodged: English
Parties
Applicant: Xilin Gol League Xiyang Mutton Industry Co. Ltd (Inner Mongolia, China) (represented by: I. Valdelomar Serrano, J. Rodríguez-Fuensalida y Carnicero, P. Ramells Higueras, A. Figuerola Moure and P. Muñoz Moreno, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Baidu Europe BV (Swalmen, Netherlands)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union word mark baidu – European Union trade mark No 5 398 847
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 January 2024 in joined cases R 373/2023-5 and R 391/2023-5
Form of order sought
The applicant claims that the Court should:
—Uphold the present action for annulment brought against the contested decision;
—Assess the erroneous application of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the contested decision;
—Declare the trade mark at issue revoked for all the goods and services in classes 9, 38 and 42;
—Order EUIPO to pay the costs, including the applicant’s representation costs, associated with these proceedings.
Plea in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/2786/oj
ISSN 1977-091X (electronic edition)
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