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Case T-107/23: Action brought on 28 February 2023 — Myforest Foods v EUIPO (MYBACON)
ECLI:EU:UNKNOWN:62023TN0107
62023TN0107
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17.4.2023
EN
Official Journal of the European Union
C 134/20
(Case T-107/23)
(2023/C 134/27)
Language of the case: English
Parties
Applicant: Myforest Foods Co. (Delaware, United States) (represented by: P. Martini-Berthon, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union word mark MYBACON — Application for registration No 18 546 358
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 December 2022 in Case R 1201/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in its entirety;
—order EUIPO to pay the costs incurred by the applicant, including the costs of proceedings before the Board of Appeal.
Pleas in law
—Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.