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Case T-472/22: Order of the General Court of 31 March 2023 — Mocom Compounds v EUIPO — Centemia Conseils (Near-to-Prime) (EU trade mark — Invalidity proceedings — EU word mark Near-to-Prime — Absolute ground for invalidity — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62022TB0472
62022TB0472
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30.5.2023
Official Journal of the European Union
C 189/33
(Case T-472/22) (*)
(EU trade mark - Invalidity proceedings - EU word mark Near-to-Prime - Absolute ground for invalidity - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law)
(2023/C 189/44)
Language of the case: German
Parties
Applicant: Mocom Compounds GmbH & Co. KG (Hamburg, Germany) (represented by: J. Bornholdt, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Klee, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Centemia Conseils (Angevillers, France)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 May 2022 (Case R 2178/2021-1).
Operative part of the order
1.The action is dismissed as manifestly lacking any foundation in law.
2.Each party shall bear its own costs.
(*)
Language of the case: German
* * *
(1) OJ C 359, 19.9.2022.