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Case T-607/23: Action brought on 2 October 2023 — Desimo v EUIPO — Dulces y conservas Helios (ELIOS)
ECLI:EU:UNKNOWN:62023TN0607
62023TN0607
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Official Journal of the European Union
EN
Series C
C/2023/676
13.11.2023
(Case T-607/23)
(C/2023/676)
Language in which the application was lodged: English
Parties
Applicant: Desimo, Lda (Lisbon, Portugal) (represented by: J. Mioludo, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Dulces y conservas Helios, SA (Arroyo de la Encomienda, Spain)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark ELIOS — Application for registration No 18 026 520
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 17 July 2023 in joined cases R 1826/2022-5 and R 1833/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and fully dismiss the opposition proceeding No. B 3 089 265;
—grant the registration of the trade mark at issue to all the designated goods and services;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.