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Case T-203/23: Action brought on 19 April 2023 — Studiocanal v EUIPO — Leonine Distribution (ARTHAUS)
ECLI:EU:UNKNOWN:62023TN0203
62023TN0203
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30.5.2023
EN
Official Journal of the European Union
C 189/42
(Case T-203/23)
(2023/C 189/56)
Language in which the application was lodged: German
Parties
Applicant: Studiocanal GmbH (Berlin, Germany) (represented by: T. Dolde and C. Zimmer, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Leonine Distribution GmbH (Munich, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ARTHAUS — EU trade mark No 6 988 216
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 10 February 2023 in Case R 1532/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision, in so far as it found the application for a declaration of invalidity admissible in the light of Article 59(1)(a), read in conjunction with Article 7(1)(b), (c) and (d) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—order EUIPO to pay the costs of the proceedings.
Plea in law
Infringement of Article 63(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 12(1)(b) and Article 15(2) of Delegated Regulation (EU) 2017/1430.