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Case T-207/23: Judgment of the General Court of 8 May 2024 – Sta Grupa v EUIPO – Axis (VAPIX) (EU trade mark – Revocation proceedings – EU word mark VAPIX – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Assessment of the evidence)

ECLI:EU:UNKNOWN:62023TA0207

62023TA0207

May 8, 2024
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Official Journal of the European Union

C series

C/2024/3771

(Case T-207/23)

(EU trade mark - Revocation proceedings - EU word mark VAPIX - Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 - Proof of genuine use - Assessment of the evidence)

(C/2024/3771)

Language of the case: English

Parties

Applicant: Sta Grupa AS (Riga, Latvia) (represented by: I. Stankeviča, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Axis AB (Lund, Sweden) (represented by: J. Norderyd, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 February 2023 (Case R 1098/2022-5).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Sta Grupa AS, in addition to bearing its own costs, to pay the costs incurred by Axis AB;

3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/3771/oj

ISSN 1977-091X (electronic edition)

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