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Case T-34/25: Action brought on 22 January 2025 – Centex v EUIPO – Adler Modemärkte (OWN)
ECLI:EU:UNKNOWN:62025TN0034
62025TN0034
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Official Journal of the European Union
C series
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C/2025/1550
17.3.2025
(Case T-34/25)
(C/2025/1550)
Language in which the application was lodged: English
Parties
Applicant: Centex SpA (Gandino, Italy) (represented by: B. Cartella, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Adler Modemärkte GmbH (Haibach, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark OWN – Application for registration No 18 646 583
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 November 2024 in Case R 541/2024-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision, thereby confirming decision of the Opposition Division, as well as the absence of proof of use to the required standard;
—order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those before EUIPO.
Pleas in law
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council read together with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 47(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council read together with Article 10(3) of Commission Delegated Regulation (EU) 2018/625.
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ELI: http://data.europa.eu/eli/C/2025/1550/oj
ISSN 1977-091X (electronic edition)
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