Official Journal of the European Union

EN

C series

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C/2024/4103

(Case T-280/24)

(C/2024/4103)

Language of the case: Czech

Parties

Applicant: ExactCut s.r.o. (Brno, Czech Republic) (represented by: S. Hejdová, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for the EU figurative mark exactcut – Application No 18 846 758

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 26 March 2024 in Case R 2240/2023-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—alter the contested decision such that the processing of the application for trade mark No 18 846 758 will continue for all goods and services in the application, and the trade mark applied for will be published for all goods and services in the application;

—order EUIPO to pay the applicant the costs of the proceedings.

Pleas in law

—Infringement of the principles of sound administration, of equal treatment and of legal certainty (legitimate expectations) under Article 41 of the Charter of Fundamental Rights of the European Union;

—Failure to fulfil the obligation to give proper reasons for decisions under Article 41(1) and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union;

—An error of assessment regarding the fulfilment of the absolute grounds for refusal of registration under Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.