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Case T-645/22: Judgment of the General Court of 28 June 2023 — C. & S. v EUIPO — Scuderia AlphaTauri (CS jeans your best fashion partner) (EU trade mark — Revocation proceedings — EU figurative mark CS jeans your best fashion partner — Lack of genuine use of the mark — Nature of use — Lack of use in connection with the goods in respect of which the mark is registered — Article 58(1)(a) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62022TA0645
62022TA0645
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14.8.2023
Official Journal of the European Union
C 286/27
(Case T-645/22) (1)
(EU trade mark - Revocation proceedings - EU figurative mark CS jeans your best fashion partner - Lack of genuine use of the mark - Nature of use - Lack of use in connection with the goods in respect of which the mark is registered - Article 58(1)(a) of Regulation (EU) 2017/1001)
(2023/C 286/37)
Language of the case: English
Parties
Applicant: C. & S. Srl (Umbertide, Italy) (represented by: E. Montelione, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Scuderia AlphaTauri SpA (Faenza, Italy) (represented by: A. Renck and S. Petivlasova, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 August 2022 (Case R 182/2022-1)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders C. & S. Srl to bear its own costs and to pay those incurred by Scuderia AlphaTauri SpA;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
(1) OJ C 463, 5.12.2022.