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Case T-523/23: Action brought on 24 August 2023 — Sumol + Compal Marcas v EUIPO — Boiron frères (FRUITOLOGY)
ECLI:EU:UNKNOWN:62023TN0523
62023TN0523
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Official Journal of the European Union
EN
Series C
C/2023/71
9.10.2023
(Case T-523/23)
(C/2023/71)
Language in which the application was lodged: English
Parties
Applicant: Sumol + Compal Marcas SA (Carnaxide, Portugal) (represented by: A. de Sampaio, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Boiron frères (Châteauneuf-sur-Isère, France)
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: International registration designating the European Union in respect of the word mark FRUITOLOGY — International registration designating the European Union No 11 533 287
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 9 June 2023 in joined Cases R 797/2022-2 and R 804/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Opposition Division insofar as it granted protection for some services in Class 41;
—order EUIPO and the other party to the proceedings to pay the costs.
Pleas in law
—Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—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/2023/71/oj
ISSN 1977-091X (electronic edition)