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Case T-621/24: Action brought on 3 December 2024 – Kimpton Hotel & Restaurant Group v EUIPO – Kamstar (Kimsum)
ECLI:EU:UNKNOWN:62024TN0621
62024TN0621
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Official Journal of the European Union
EN
C series
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C/2025/587
(Case T-621/24)
(C/2025/587)
Language in which the application was lodged: English
Parties
Applicant: Kimpton Hotel & Restaurant Group LLC (Wilmington, Delaware, United States) (represented by: A. von Mühlendahl, C. Eckhartt and P. Böhner, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Kamstar GmbH (Düsseldorf, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union word trade mark Kimsum – Application for registration No 18 722 126
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 23 September 2024 in Case R 2370/2023-1
Form of order sought
The applicant claims that the Court should:
—alter the contested decision to the effect that the application to register the word mark Kimsum is further rejected for ‘Day care and elderly care facilities’ in Class 43;
—order EUIPO and (in case Kamstar GmbH intervenes) Kamstar GmbH to pay the costs of the proceedings.
Plea in law
Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2025/587/oj
ISSN 1977-091X (electronic edition)
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