Official Journal of the European Union

EN

Series C

C/2023/34

9.10.2023

(Case T-508/23)

(C/2023/34)

Language in which the application was lodged: Italian

Parties

Applicant: Medspa Srl (Milan, Italy) (represented by: M. Baghetti and P. Burdese, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Hic Srl (Milan)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for EU word mark ALDO COPPOLA AMO — Application for registration No 18 070 755

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 June 2023 in Case R 1625/2022-4

Form of order sought

The applicant claims that the General Court should:

—annul the contested decision and, consequently, uphold the opposition to the registration of EU trade mark No 18 070 755;

—in the alternative, annul the contested decision and, consequently, refer the case back to the Board of Appeal of EUIPO to reassess the likelihood of confusion between EU trade mark No 18 070 755 and the applicant’s opposing EU and Italian trade marks;

—in any event, declare that the applicant is not required to repay Hic Srl the costs incurred by the latter in relation to the opposition and appeal proceedings and assessed by the Fourth Board of Appeal in the amount of EUR 1 400;

—in any event, order EUIPO and Hic Srl to refund the costs incurred by the applicant in the opposition proceedings and appeal proceedings as well as in the present proceedings before the General Court.

Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

ELI: http://data.europa.eu/eli/C/2023/34/oj

ISSN 1977-091X (electronic edition)