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Case T-302/23: Action brought on 31 May 2023 — WeinArt Handelsgesellschaft v EUIPO — Donnafugata (KABI)
ECLI:EU:UNKNOWN:62023TN0302
62023TN0302
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17.7.2023
EN
Official Journal of the European Union
C 252/78
(Case T-302/23)
(2023/C 252/94)
Language in which the application was lodged: English
Parties
Applicant: WeinArt Handelsgesellschaft mbH (Geisenheim, Germany) (represented by: M. Heinrich, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Donnafugata Srl (Marsala, Italy)
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 KABI — Application for registration No 18 178 376
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 March 2023 in Case R 2064/2022-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and order the registration of the trade mark at issue for the contested goods;
—order the other party to the proceedings before the Board of Appeal to bear the applicant’s costs for the proceedings, including the opposition, the appeal proceedings and the proceedings concerning the application before the General Court.
Plea in law
—Infringement of Article 8(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.