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Case T-593/23: Action brought on 27 September 2023 — Nio v EUIPO — Audi (ES8)
ECLI:EU:UNKNOWN:62023TN0593
62023TN0593
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Official Journal of the European Union
EN
Series C
C/2023/671
13.11.2023
(Case T-593/23)
(C/2023/671)
Language in which the application was lodged: German
Parties
Applicant: Nio Holding Co. Ltd (Hefei, China) (represented by: T. Hogh Holub, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ES8 — EU trade mark No 16 079 196
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 12 July 2023 in Case R 547/2023-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and AUDI AG to pay the costs.
Pleas in law
—Infringement of Article 60(1)(a), read in conjunction with Article 8(1)(b), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 64(2), read in conjunction with Article 18(1), of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 10(3) of Commission Delegated Regulation (EU) 2018/625.