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Case T-410/24: Action brought on 7 August 2024 – SA.PI.SE. v EUIPO – Riso Gallo (VENERE)
ECLI:EU:UNKNOWN:62024TN0410
62024TN0410
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Official Journal of the European Union
C series
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C/2024/5432
16.9.2024
(Case T-410/24)
(C/2024/5432)
Language in which the application was lodged: Italian
Parties
Applicant: Sardo Piemontese Sementi Soc. coop – Societa Agricola (SA.PI.SE.) (Vercelli, Italy) (represented by: D. Brambilla and E. Montelione, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Riso Gallo SpA (Robbio, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: EU word mark VENERE – EU trade mark No 9 446 154
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 5 June 2024 in Case R 1445/2023-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in its entirety;
—order EUIPO and/or the other party to the proceedings, should the latter enter an appearance, to pay the costs.
Pleas in law
—Infringement/misapplication of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;
—Infringement/misapplication of Article 59 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 7(1)(b) of that regulation;
—Infringement/misapplication of Article 59 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 7(1)(c) of that regulation.
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ELI: http://data.europa.eu/eli/C/2024/5432/oj
ISSN 1977-091X (electronic edition)
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