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Case T-598/23: Action brought on 28 September 2023 — Nio v EUIPO — Audi (ES6)
ECLI:EU:UNKNOWN:62023TN0598
62023TN0598
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Official Journal of the European Union
EN
Series C
C/2023/673
13.11.2023
(Case T-598/23)
(C/2023/673)
Language in which the application was lodged: German
Parties
Applicant: Nio Holding Co. Ltd (Hefei, China) (represented by: T. Hogh Holub, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ES6 — EU trade mark No 16 079 212
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 12 July 2023 in Case R 548/2023-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and Audi AG to pay the costs.
Pleas in law
—Infringement of Article 60(1)(a), read in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 64(2), read in conjunction with Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 10(3) of Commission Delegated Regulation (EU) 2018/625.
ELI: http://data.europa.eu/eli/C/2023/673/oj
ISSN 1977-091X (electronic edition)