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Case T-324/23: Action brought on 13 June 2023 — J. García Carrión v EUIPO — Calipso (LimoLife)
ECLI:EU:UNKNOWN:62023TN0324
62023TN0324
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EN
Official Journal of the European Union
C 261/47
(Case T-324/23)
(2023/C 261/64)
Language in which the application was lodged: Spanish
Parties
Applicant: J. García Carrión, SA (Jumilla, Spain) (represented by: J. Mora Cortés, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Calipso SRL (Afumati, Romania)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for EU word mark LimoLife — Application for registration No 18 352 014
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 7 March 2023 in Case R 1258/2022-1
Form of order sought
The applicant claims that the Court should:
—annul or revoke the contested decision, in so far as the appeal in Case R 1258/2022-1 is dismissed, reject Opposition No B 3 142 838, and grant the contested mark in its entirety in respect of all the goods in question;
—order EUIPO and the intervener (if the latter intervenes in this action) to pay the costs, including those relating to the proceedings before the Operations Department and before the First Board of Appeal of EUIPO.
Plea in law
Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.