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Case T-186/23: Action brought on 11 April 2023 — Insomnia v EUIPO — Black Insomnia Coffee (BLACK INSOMNIA COFFEE COMPANY)
ECLI:EU:UNKNOWN:62023TN0186
62023TN0186
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30.5.2023
EN
Official Journal of the European Union
C 189/37
(Case T-186/23)
(2023/C 189/49)
Language in which the application was lodged: English
Parties
Applicant: Insomnia Ltd (Dublin, Ireland) (represented by: L. Cassidy, A. Reynolds and P. Smyth, Solicitors)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Black Insomnia Coffee Co. Ltd (Winchester, United Kingdom)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union figurative mark BLACK INSOMNIA COFFEE COMPANY — Application for registration No 18 128 261
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 3 February 2023 in Cases R 671/2022-1 and R 678/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it dismissed the appeal in Case R 678/2022-1 and refuse the mark in respect of all the contested goods in Class 25;
—make an order to pay the applicant’s costs (under Articles 133 and 134(1) of the Rules of Procedure of the General Court).
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.