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Case T-86/24: Action brought on 15 February 2024 — Vinatis v EUIPO — Vinites (VINATIS)
ECLI:EU:UNKNOWN:62024TN0086
62024TN0086
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Official Journal of the European Union
EN
C series
C/2024/2329
(Case T-86/24)
(C/2024/2329)
Language in which the application was lodged: English
Parties
Applicant: Vinatis (Annecy, France) (represented by: J. Canlorbe, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Vinites NV (Ms Haarlem, Netherlands)
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 VINATIS — Application for registration No 18 274 852
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 15 December 2023 in Case R 2110/2022-5
Form of order sought
The applicant claims that the Court should:
—partially annul the contested decision insofar as it declared that the earlier mark was genuinely used for certain services in Classes 35 and 41;
—reject the opposition in its entirety;
—order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.
Pleas in law
—Infringement of Article 47(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the assessment of evidence of genuine use for services in Class 35;
—Infringement of Articles 94 and 47(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the assessment of evidence of genuine use for services in Class 41.