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Case T-1043/23: Action brought on 20 October 2023 — momox/EUIPO — Nyky (momox FASHION)
ECLI:EU:UNKNOWN:62023TN1043
62023TN1043
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Official Journal of the European Union
EN
Series C
C/2023/1179
(Case T-1043/23)
(C/2023/1179)
Language in which the application was lodged: English
Parties
Applicant: momox SE (Berlin, Germany) (represented by: U. Lüken, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Nyky Srl (Silea, 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 figurative mark momox FASHION — Application for registration No 18 443 419
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 17 August 2023 in Case R 139/2023-1
Form of order sought
The applicant claims that the Court should:
—stay the proceedings until a final decision in the cancellation proceedings against the Italian trademark No. 2018000009023 has been issued;
—annul the contested decision to the extent its application for registration was rejected;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2023/1179/oj
ISSN 1977-091X (electronic edition)