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Case T-1178/23: Action brought on 21 December 2023 — Antimo Caputo v EUIPO — Barbato (NuvolaSuper)
ECLI:EU:UNKNOWN:62023TN1178
62023TN1178
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Official Journal of the European Union
EN
Series C
C/2024/1548
26.2.2024
(Case T-1178/23)
(C/2024/1548)
Language in which the application was lodged: Italian
Parties
Applicant: Antimo Caputo Srl (Naples, Italy) (represented by: F. Musella, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Pasquale Barbato (Villanova De Bellis (MN), Italy)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for EU figurative mark NuvolaSuper — Application for registration No 18 362 145
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the fifth Board of Appeal of EUIPO of 17 October 2023 in Case R 2068/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—reject opposition No B 3 145 038 in its entirety;
—in the alternative, refer the case back to the Board of Appeal for review;
—order EUIPO and the other party to the proceedings to pay the costs at first instance and on appeal.
Pleas in law
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/1548/oj
ISSN 1977-091X (electronic edition)
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