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Case T-72/25: Action brought on 28 January 2025 – Viva Credit v EUIPO – Viva Wallet (Vivawallet)
ECLI:EU:UNKNOWN:62025TN0072
62025TN0072
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Official Journal of the European Union
EN
C series
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C/2025/1657
24.3.2025
(Case T-72/25)
(C/2025/1657)
Language in which the application was lodged: English
Parties
Applicant: Viva Credit IFN SA (Bucharest, Romania) (represented by: E. Cammareri and B. Marone, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Viva Wallet AE Symmetochon – Anaptyxis Logismikoy (Marousi, Greece)
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: European Union figurative mark Vivawallet – European Union trade mark No 11 740 701
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 November 2024 in Case R 2368/2023-4
Form of order sought
The applicant claims that the Court should:
—partially annul the contested decision, in order to keep the registration of the trade mark at issue for the services allowed in the decision of the Cancellation Division; or, in the alternative,
—remit the case for a new examination of the appeal lodged with the Board of Appeal;
—order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings before the General Court and the Board of Appeal.
Pleas in law
—Infringement of Article 58(1)(a) and 58(2) in conjunction with Article 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Articles 263 and 296 TFEU in conjunction with Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2025/1657/oj
ISSN 1977-091X (electronic edition)
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