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Case T-780/22: Action brought on 13 December 2022 — TUI Holding v EUIPO — inCruises International (INCRUISES)
ECLI:EU:UNKNOWN:62022TN0780
62022TN0780
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6.2.2023
EN
Official Journal of the European Union
C 45/28
(Case T-780/22)
(2023/C 45/36)
Language in which the application was lodged: English
Parties
Applicant: TUI Holding Spain, SLU (Palma de Mallorca, Spain) (represented by: H. Fangmann, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: inCruises International LLC (San Juan, Puerto Rico, United States)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union word mark INCRUISES — Application for registration No 18 034 630
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 21 September 2022 in Case R 1081/2021-2
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 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 33(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.