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Case T-1104/23: Action brought on 24 November 2023 — Ferrari v EUIPO — Hesse (TESTAROSSA)
ECLI:EU:UNKNOWN:62023TN1104
62023TN1104
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Official Journal of the European Union
EN
Series C
C/2024/760
22.1.2024
(Case T-1104/23)
(C/2024/760)
Language in which the application was lodged: English
Parties
Applicant: Ferrari SpA (Modena, Italy) (represented by: K. Muraro, G. Russo and C. Comolli Acquaviva, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Kurt Hesse (Nuremberg, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: International registration designating the European Union in respect of the word mark TESTAROSSA — International registration designating the European Union No 910 752
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 29 August 2023 in Case R 887/2016-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision; or
—alter the contested decision to the extent that genuine use of the trade mark at issue is shown for ‘scale models of cars’;
—order EUIPO and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings before the Board of Appeal and the costs of the present proceedings.
Plea in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/760/oj
ISSN 1977-091X (electronic edition)