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Case T-29/23: Action brought on 30 January 2023 — Vobro v EUIPO — Mieszko (CHERRY Passion)
ECLI:EU:UNKNOWN:62023TN0029
62023TN0029
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13.3.2023
EN
Official Journal of the European Union
C 94/61
(Case T-29/23)
(2023/C 94/74)
Language in which the application was lodged: English
Parties
Applicant: Vobro sp. z o.o. (Brodnica, Poland) (represented by: M. Kondrat, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Mieszko S.A. (Warsaw, Poland)
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 CHERRY Passion — Application for registration No 18 204 993
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 November 2022 in Case R 2073/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—refer the case back to the EUIPO for reconsideration or
—alter the contested decision by stating that there are no relative grounds for refusal of registration of the EU trade mark No 18 204 993 CHERRY Passion for all goods in class 30 and the trademark shall be registered;
—award the costs in the applicant’s favour.
Pleas in law
—Infringement of Article 8(l)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty;
—Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.