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Case T-30/23: Action brought on 30 January 2023 — Fly Persia and Barmodeh v EUIPO — Dubai Aviation (flyPersia)
ECLI:EU:UNKNOWN:62023TN0030
62023TN0030
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EN
Official Journal of the European Union
C 104/39
(Case T-30/23)
(2023/C 104/58)
Language in which the application was lodged: English
Parties
Applicants: Fly Persia IKE (Athens, Greece), Ali Barmodeh (Athens) (represented by: R. Marano, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Dubai Aviation Corp. (Dubai, United Arab Emirates)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for a European Union figurative mark flyPersia — Application for registration No 18 022 526
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 November 2022 in Case R 1723/2021-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—refer the case back to the Board of Appeal;
—order EUIPO and the other party to the proceedings before the Board of Appeal to pay the costs of these proceedings and the earlier proceedings before the Board of Appeal.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.