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Case T-383/23: Action brought on 11 July 2023 — Essilor International v EUIPO — Carl Zeiss Vision (MYOLUX)
ECLI:EU:UNKNOWN:62023TN0383
62023TN0383
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28.8.2023
EN
Official Journal of the European Union
C 304/28
(Case T-383/23)
(2023/C 304/35)
Language in which the application was lodged: English
Parties
Applicant: Essilor International (Charenton-le-Pont, France) (represented by: A. Parassina and A. Giovannardi, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Carl Zeiss Vision GmbH (Aalen, Germany)
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 word mark MYOLUX — Application for registration No 18 215 110
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 11 May 2023 in Case R 267/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—declare the registrability of the trade mark at issue;
—order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings born by the applicant.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.