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Case T-434/22: Action brought on 11 July 2022 — Topas v EUIPO — Tarczyński (VEGE STORY)
ECLI:EU:UNKNOWN:62022TN0434
62022TN0434
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29.8.2022
EN
Official Journal of the European Union
C 326/27
(Case T-434/22)
(2022/C 326/37)
Language in which the application was lodged: English
Parties
Applicant: Topas GmbH (Mössingen, Germany) (represented by: S. Hofmann and W. Göpfert, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Tarczyński S.A. (Trzebnica, Poland)
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 VEGE STORY — Application for registration No 18 213 582
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 May 2022 in Case R 1977/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision insofar as the opposition decision of 29 September 2021 has been annulled and the opposition has been rejected in its entirety;
—order the opponent to bear the costs of the appeal and opposition proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.