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Case T-125/23: Action brought on 8 March 2023 — Synapsa Med v EUIPO — Gravity Products (Gravity)
ECLI:EU:UNKNOWN:62023TN0125
62023TN0125
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15.5.2023
EN
Official Journal of the European Union
C 173/34
(Case T-125/23)
(2023/C 173/44)
Language in which the application was lodged: Polish
Parties
Applicant: Synapsa Med sp. z o.o. (Jelcz Laskowice, Poland) (represented by: G. Kuchta, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Gravity Products LLC (New York, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘Gravity’ — EU trade mark No 17 982 729
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 9 January 2023 in Case R 923/2022-5
Form of order sought
The applicant claims that the Court should:
—alter the decision of 9 January 2023 of the Fifth Board of Appeal of EUIPO by upholding the appeal against the decision of 11 April 2022 declaring the EU word mark GRAVITY ZTUE-017982729 invalid and dismiss the application for a declaration of invalidity.
Pleas in law
—Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and of Articles 7(2), 7(3), 16 and 17(3) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Articles 60(1)(a) and 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.