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Case T-505/24: Action brought on 30 September 2024 – KenWave Solutions v EUIPO (DYNAMIC RESPONSE IMAGING)
ECLI:EU:UNKNOWN:62024TN0505
62024TN0505
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Official Journal of the European Union
C series
—
C/2024/6946
25.11.2024
(Case T-505/24)
(C/2024/6946)
Language of the case: English
Parties
Applicant: KenWave Solutions Inc. (Mississauga, Canada) (represented by: L. Andersen, lawyer)
Defendant: European Union Intellectual Property Office
Details of the proceedings before EUIPO
Trade mark at issue: International registration designating the European Union in respect of the word mark DYNAMIC RESPONSE IMAGING – Application for registration No 1 760 659
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 July 2024 in Case R 939/2024-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—remit the matter to EUIPO with a view to accepting the EU designation of the trade mark at issue;
—order EUIPO to pay the costs of the proceedings before the Board of Appeal and the General Court.
Pleas in law
—Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.