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Case T-570/23: Action brought on 15 September 2023 — Telefónica Germany v EUIPO — ePlus (e.plus)
ECLI:EU:UNKNOWN:62023TN0570
62023TN0570
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Official Journal of the European Union
EN
Series C
C/2023/352
30.10.2023
(Case T-570/23)
(C/2023/352)
Language in which the application was lodged: English
Parties
Applicant: Telefónica Germany GmbH & Co. OHG (Munich, Germany) (represented by: P. Neuwald, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: ePlus Inc. (Herndon, Virginia, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark e.plus — European Union trade mark No 1 132 299
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 30 June 2023 in joined cases R 1199/2022-1 and R 1711/2022-1
Form of order sought
The applicant claims that the Court should:
—partially annul and alter the contested decision insofar that the use of the contested mark has been demonstrated for the following services of class 38 in total: telecommunications; operating telecommunications networks;
—order EUIPO to bear its own costs and to pay those incurred by the applicant including those incurred for the purposes of the proceedings before the Cancellation Division and the First Board of Appeal of the EUIPO;
—order any intervener to bear its own costs.
Plea in law
—Infringement of Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2023/352/oj
ISSN 1977-091X (electronic edition)