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Case T-1082/23: Action brought on 15 November 2023 — Fresh Tropical v EUIPO — Altunyaldiz (AlìBabà)
ECLI:EU:UNKNOWN:62023TN1082
62023TN1082
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Official Journal of the European Union
EN
Series C
C/2024/564
(Case T-1082/23)
(C/2024/564)
Language in which the application was lodged: English
Parties
Applicant: Fresh Tropical Srl by Jawad (Seveso, Italy) (represented by: G. Nosengo and V. Liebermann, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Alper Altunyaldiz (Mainz, 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 AlìBabà — Application for registration No 17 933 232
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 September 2023 in joined cases R 418/2023-4 and R 427/2023-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent that the trade mark at issue was found to be entirely inadmissible with respect to all the goods;
—order the defendant and the other party to the proceeding before the Board of Appeal to bear their own costs for the present proceedings and reimburse the applicant for all its costs in the present and previous proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/564/oj
ISSN 1977-091X (electronic edition)
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Language of the case: English.