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Case T-753/22: Action brought on 2 December 2022 — Nieß v EUIPO — Thema Products (Gartenlux)
ECLI:EU:UNKNOWN:62022TN0753
62022TN0753
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23.1.2023
Official Journal of the European Union
C 24/81
(Case T-753/22)
(2023/C 24/108)
Language in which the application was lodged: German
Parties
Applicant: Andrea Nieß (Kempen, Germany) (represented by: A. Erlenhardt, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Thema Products BV (Venlo, Netherlands)
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 Gartenlux — Application No 18 391 572
Proceedings before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 13 September 2022 in Case R 608/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and the decision of the Opposition Division of 11 February 2022;
—order the intervener to pay the costs, including those incurred in the proceedings before the Board of Appeal.
Pleas in law
—Infringement of the second sentence of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 27 of Commission Delegated Regulation (EU) 2017/1430;
—Infringement of Article 109 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.