Official Journal of the European Union

C series

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C/2025/3931

21.7.2025

(Case T-351/25)

(C/2025/3931)

Language in which the application was lodged: English

Parties

Applicant: Nord Est Asset Management SA (Luxembourg, Luxembourg) (represented by: J. Graffer, A. Ottolini and F. Chierichetti, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: New Enterprise Associates, Inc. (Timonium, Maryland, United States)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union word mark NEA – Application for registration No 18 778 721

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 March 2025 in Case R 970/2024-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and declare that the evidences provided by the applicant is sufficient to prove that the earlier trademark has been genuinely used for the relevant services in the territory during the relevant period and, consequently,

—remit the decision about the risk of confusion to the Board of Appeal;

—order the adverse parties to bear the costs of the present proceedings.

Pleas in law

—Contradictory nature of the contested decision;

—Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 10(2) of Directive (EU) 2015/2436 of the European Parliament and of the Council.

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ELI: http://data.europa.eu/eli/C/2025/3931/oj

ISSN 1977-091X (electronic edition)

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