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Case T-211/23: Action brought on 23 April 2023 — Fractal Analytics v EUIPO — Fractalia Remote Systems (FRACTALIA Remote Systems)
ECLI:EU:UNKNOWN:62023TN0211
62023TN0211
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EN
Official Journal of the European Union
C 235/46
(Case T-211/23)
(2023/C 235/60)
Language in which the application was lodged: Spanish
Parties
Applicant: Fractal Analytics, Inc. (New York, New York, United States) (represented by: J. Güell Serra, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Fractalia Remote Systems, SL (Madrid, Spain)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Figurative mark FRACTALIA Remote Systems — EU trade mark No 5 106 406
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 30 January 2023 in Case R 858/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party to the proceedings before EUIPO to pay the costs.
Pleas in law
—Infringement of Article 27(4) of Commission Delegated Regulation (EU) 2018/625 read in conjunction with Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 19(1) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) and Article 10(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.