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Case T-213/25: Action brought on 28 March 2025 – Agencja Wydawnicza Technopol v EUIPO –Oraczewska (100)

ECLI:EU:UNKNOWN:62025TN0213

62025TN0213

March 28, 2025
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Official Journal of the European Union

C series

C/2025/2699

19.5.2025

(Case T-213/25)

(C/2025/2699)

Language in which the application was lodged: Polish

Parties

Applicant: Agencja Wydawnicza Technopol sp. z. o. o. (Częstochowa, Poland) (represented by: A. Dobosz, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Beata Oraczewska (Rzeszów, Poland)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark ‘100’ – EU trade mark No 3 875 408

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 27 January 2025 in Case R 1052/2024-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision of EUIPO of 27 January 2025 in its entirety and rule that the application for a declaration of invalidity of trade mark EUTM 003875408 ‘100’ should be rejected in its entirety;

order the defendant to pay the applicant’s costs of the proceedings before the General Court of the European Union and – on the basis of Article 190(2) of the Rules of Procedure – the costs necessarily incurred by the applicant for the purposes of the proceedings before the Board of Appeal of EUIPO;

in the event that the intervener joins the proceedings, rule that she must cover her own costs for the purposes of those proceedings.

Pleas in law

Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 59(1) in conjunction with Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

ELI: http://data.europa.eu/eli/C/2025/2699/oj

ISSN 1977-091X (electronic edition)

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