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Case T-439/23: Action brought on 31 July 2023 — Marcandita/EUIPO — Euronext (bnext)
ECLI:EU:UNKNOWN:62023TN0439
62023TN0439
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11.9.2023
EN
Official Journal of the European Union
C 321/67
(Case T-439/23)
(2023/C 321/76)
Language in which the application was lodged: English
Parties
Applicant: Marcandita, SL (Madrid, Spain) (represented by: J. Gracia Albero and E. Cebollero González, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Euronext NV (Amsterdam, Netherlands)
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 bnext — Application for registration No 18 309 107
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 April 2023 in Case R 2111/2022-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs of the present proceedings before the General Court and order the intervener to pay the costs deriving from the proceedings before the Opposition Division and the Fourth Board of Appeal EUIPO.
Plea in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.