Official Journal of the European Union

EN

Series C

C/2023/31

9.10.2023

(Case T-482/23)

(C/2023/31)

Language in which the application was lodged: English

Parties

Applicant: Afaaq Ahmad Qozgar (Thiruvananthapuram, India) (represented by: L. Pivec, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: L’Oréal (Clichy, France)

Details of the proceedings before EUIPO

Applicant: Applicant before the General Court

Trade mark at issue: Application for European Union word mark CLEOPATRA — Application for registration No 18 140 949

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 June 2023 in Case R 2509/2022-5

Form of order sought

The applicant claims that the Court should:

—Annul the contested decision and alter the decision of the Opposition Division by rejecting the opposition of the other party to the proceedings before the Board of Appeal;

—order EUIPO and the other party to the proceedings before the Board of Appeal to bear their own costs and order EUIPO to pay those incurred by the applicant in the present proceedings, as well as in the proceedings before the Board of Appeal and before the Opposition Division.

Pleas in law

—Infringement of procedural requirements with regard to the time limit by which proof of use has to be provided by the opposing party;

—Failure to state reasons with regard to evidence and arguments of the applicant and the absence of evidence and arguments of the other party to the proceedings before the Board of Appeal;

—Infringement of the rules for comparison of goods and for assessment of the distinctiveness of the trade mark at issue.

ELI: http://data.europa.eu/eli/C/2023/31/oj

ISSN 1977-091X (electronic edition)