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Case T-332/24: Action brought on 2 July 2024 – Karneolis v EUIPO – Match Group (KinkySwipe)

ECLI:EU:UNKNOWN:62024TN0332

62024TN0332

July 2, 2024
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Official Journal of the European Union

EN

C series

C/2024/4974

19.8.2024

(Case T-332/24)

(C/2024/4974)

Language in which the application was lodged: English

Parties

Applicant: Karneolis LTD (Nicosia, Cyprus) (represented by: E. Henao Hoyos, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Match Group LLC (Dallas, Texas, United States)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark KinkySwipe – Application for registration No 18 574 285

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 May 2024 in Case R 1430/2023-5

Form of order sought

The applicant claims that the Court should:

declare the present action admissible and justified;

declare that the trade mark application at issue should be granted;

annul the contested decision.

Pleas in law

Illegality of the contested decision due to inconsistency with prior rulings;

Establishment of a monopoly over the use of a common word;

Infringement of Article 7(1) in conjunction with Article 4 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/2024/4974/oj

ISSN 1977-091X (electronic edition)

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