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Case T-517/23: Action brought on 21 August 2023 — Tes Electrical Electronic v EUIPO — Tes Touch Embedded Solutions (Xiamen) (TES)
ECLI:EU:UNKNOWN:62023TN0517
62023TN0517
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Official Journal of the European Union
Series C
C/2023/66
9.10.2023
(Case T-517/23)
(C/2023/66)
Language in which the application was lodged: English
Parties
Applicant: Tes Electrical Electronic Corp. (Taipei, Taïwan) (represented by: S. Bénoliel-Claux, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Tes Touch Embedded Solutions (Xiamen) Co. Ltd (Xiamen, Chine)
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 TES — European Union trade mark No 4 253 753
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 16 May 2023 in Case R 2250/2022-2
Form of order sought
The applicant claims that the Court should:
—partially annul the contested decision insofar as it declares that the trade mark at issue shall be revoked for ‘electronic testing equipment, namely, hand held capacitance meters for electrical quantities; humidity and temperature meters; printers and dataloggers; insulation testers, earth/ground testers, LAN cable testers, loop/PSC testers, RCD testers; pH meters, anemometers, CO2 analysers, calibrators for sound’;
—alter the contested decision by declaring that genuine use of the trade mark at issue was shown in respect of the following goods: ‘electronic testing equipment, namely, hand-held capacitance meters for electrical quantities; humidity and temperature meters; printers and dataloggers; insulation testers, earth/ground testers, LAN cable testers, loop/PSC testers, RCD testers; pH meters, anemometers, CO2 analysers, calibrators for sound’;
—order EUIPO to pay the costs, including those before the Board of Appeal of EUIPO.
Plea in law
—Infringement of Article 58(1)(a) and (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2023/66/oj
ISSN 1977-091X (electronic edition)