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Case T-51/23: Action brought on 7 February 2023 — OSR Entreprises v EUIPO — Möckel and Gramann (evolver)
ECLI:EU:UNKNOWN:62023TN0051
62023TN0051
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Official Journal of the European Union
C 104/42
(Case T-51/23)
(2023/C 104/63)
Language in which the application was lodged: German
Parties
Applicant: OSR Entreprises AG (Cham, Switzerland) (represented by: U. Lüken, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other parties to the proceedings before the Board of Appeal: Mathias Möckel (Chemnitz, Germany), Torsten Gramann (Chemnitz)
Details of the proceedings before EUIPO
Proprietors of the trade mark at issue: Other parties to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark evolver — EU trade mark No 3 313 335
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 29 November 2022 in Case R 1302/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and declare EU trade mark No 3 313 335 invalid in respect of all services;
—in the alternative, annul the contested decision and refer the case back to the Fifth Board of Appeal of EUIPO;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Failure to have regard for indicative value in the assessment of the evidence.