Official Journal of the European Union

EN

C series

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C/2025/1240

(Case T-684/24)

(C/2025/1240)

Language in which the application was lodged: Spanish

Parties

Applicant: Tone Watch, SL (Madrid, Spain) (represented by: J. A. López Martínez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Munich, SL (Barcelona, Spain)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Word mark MUNICH10A.T.M. – EU trade mark No 10 727 899

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 October 2024 in Case R 1271/2024-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and return the proceedings to the relevant Board of Appeal of EUIPO, expressly stating that it must agree to the continuation of the appeal proceedings previously sought by Tone Watch, SL, and must complete the procedural formalities in connection therewith;

—in the alternative, and only if the main claim is not granted, annul the contested decision and return the proceedings to the relevant Board of Appeal of EUIPO, stating that it must adjudicate on the continuation of the proceedings sought by Tone Watch, SL;

—deliver a judgment upholding in full all the claims made in the application.

Plea in law

—Infringement of EU law.

—Breach of the principle prohibiting the denial of due process rights.

—Failure to comply with the spirit of Regulation (EU) 2017/1001 of the European Parliament and of the Council and with the spirit of the Charter of Fundamental Rights of the European Union, by adopting an exclusively literal interpretation in breach of EU law.

—Infringement of Article 105 of Regulation (EU) 2017/1001.

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ELI: http://data.europa.eu/eli/C/2025/1240/oj

ISSN 1977-091X (electronic edition)

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