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Valentina R., lawyer
EN
(Case T-778/22)
(2023/C 45/34)
Language in which the application was lodged: English
Applicant: Desimo, Lda (Lisbon, Portugal) (represented by: S. Estima Martins, J. Mioludo and D. Simões, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Red Bull GmbH (Fuschl am See, Austria)
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark EL TORO ROJO — Application for registration No 18 026 515
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 29 September 2022 in Case R 326/2022-5
The applicant claims that the Court should:
—annul the contested decision and fully dismiss the opposition proceeding No B003089768;
—grant the registration of the trade mark at issue to all the designated goods and services;
—order EUIPO to bear the costs.
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.