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Case T-662/22: Action brought on 31 October 2022 — Tavitova v EUIPO — Uccoar (AURUS)
ECLI:EU:UNKNOWN:62022TN0662
62022TN0662
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Valentina R., lawyer
9.1.2023
EN
Official Journal of the European Union
C 7/38
(Case T-662/22)
(2023/C 7/46)
Language in which the application was lodged: French
Parties
Applicant: Zalina Tavitova (Batoulieh, Lebanon) (represented by: V. Kojevnikov, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Uccoar (Carcassonne, France)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark AURUS — Application for registration No 18 205 163
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 August 2022 in Case R 2139/2021-5
Form of order sought
The applicant claims that the Court should:
—confirm the contested decision in so far as it allowed the registration of mark No 18 205 163, for non-alcoholic beverages, with the exception of non-alcoholic wine;
—annul the contested decision refusing registration of mark No 18 205 163, for the goods and classes ‘beers’ (Class 32) and ‘vodka’ (Class 33);
—grant the application for registration of mark No 18 205 163 for the classes and goods indicated;
—dismiss the company Uccoar’s contrary applications and form of order sought;
—order the defendant to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and the Council.