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Case T-570/23: Judgment of the General Court of 16 October 2024 – Telefónica Germany v EUIPO – ePlus (e.plus) (EU trade mark – Revocation proceedings – EU figurative mark e.plus – No proof of genuine use of the mark in connection with some of the services – Determination of independent subcategories of services – Article 58(1)(a) and (2) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62023TA0570
62023TA0570
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Official Journal of the European Union
C series
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C/2024/7029
(Case T-570/23)
(EU trade mark - Revocation proceedings - EU figurative mark e.plus - No proof of genuine use of the mark in connection with some of the services - Determination of independent subcategories of services - Article 58(1)(a) and (2) of Regulation (EU) 2017/1001)
(C/2024/7029)
Language of the case: English
Parties
Applicant: Telefónica Germany GmbH & Co. OHG (Munich, Germany) (represented by: P. Neuwald, lawyer)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: ePlus Inc. (Herndon, Virginia, United States)
Re:
By its action under Article 263 TFEU, the applicant seeks the partial annulment and the alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 June 2023 (Joined Cases R 1199/2022-1 and R 1711/2022-1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders each party to bear its own costs.
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Language of the case: English.
ELI: http://data.europa.eu/eli/C/2024/7029/oj
ISSN 1977-091X (electronic edition)
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