Official Journal of the European Union

EN

C series

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C/2025/92

(Case T-562/24)

(C/2025/92)

Language in which the application was lodged: English

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: A. Auer-Reinsdorff, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Cartier International AG (Steinhausen, Switzerland)

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 word mark COLORATURA – Application for registration No 17881418

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 29 August 2024 in Case R 1358/2022-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—declare priority for the trade mark at issue as of 28th September 2017;

—order EUIPO to pay the costs.

Pleas in law

—Violation of the Treaty on the Functioning of the European Union;

—Infringement of Article 34 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, as well as of the priority provision of the Paris Convention;

—Violation of essential formal requirements, i.e. failure to state reasons;

—Violation of the principle of good faith in EU law;

—Violation of the right to a fair trial, inter alia under Article 6 of the European Convention on Human Rights.

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ELI: http://data.europa.eu/eli/C/2025/92/oj

ISSN 1977-091X (electronic edition)

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