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Case T-316/23: Action brought on 9 June 2023 — Pfriem v EUIPO — U-Control (UC)
ECLI:EU:UNKNOWN:62023TN0316
62023TN0316
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24.7.2023
EN
Official Journal of the European Union
C 261/44
(Case T-316/23)
(2023/C 261/60)
Language in which the application was lodged: English
Parties
Applicant: Hanns Pfriem (Schweinfurt, Germany) (represented by: M. Pütz-Poulalion, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: U-Control Srl (Torrile, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: International registration designating the European Union in respect of the figurative mark UC — International registration designating the European Union No 1 569 179
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 16 March 2023 in Case R 1404/2022-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—uphold the opposition No B3146448 in its entirety, and reject the contested application in respect of all contested goods and services; in the alternative, remit the case to the Board of Appeal for re-examination.
—order EUIPO to bear the applicant’s costs and expenses.
Pleas in law
—Infringement of Article 41 of the Charter of Fundamental Rights of the European Union;
—Infringement of Article 27(2) in connection with Article 8(3) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 8(1)(b) in connection with Article 33(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.