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Case T-303/24: Action brought on 14 June 2024 – OMV v EUIPO – Combe International (OMV! BY VAGISIL)
ECLI:EU:UNKNOWN:62024TN0303
62024TN0303
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Official Journal of the European Union
EN
C series
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C/2024/4605
29.7.2024
(Case T-303/24)
(C/2024/4605)
Language in which the application was lodged: English
Parties
Applicant: OMV AG (Vienna, Austria) (represented by: C. Schumacher and B. Kapeller-Hirsch, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Combe International LLC (White Plains, New York, United States)
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: European Union word mark OMV! BY VAGISIL – European Union trade mark No 17 980 289
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 5 April 2024 in Case R 804/2023-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 60(1)(a) in conjunction with Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Incorrect application of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2024/4605/oj
ISSN 1977-091X (electronic edition)
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