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Case T-381/24: Action brought on 26 July 2024 – Frutaria Innovation v EUIPO – Schneider (Frutaria.)
ECLI:EU:UNKNOWN:62024TN0381
62024TN0381
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Official Journal of the European Union
EN
C series
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C/2024/5330
9.9.2024
(Case T-381/24)
(C/2024/5330)
Language in which the application was lodged: English
Parties
Applicant: Frutaria Innovation SL (Zaragoza, Spain) (represented by: C. Anadón Giménez and J. Learte Álvarez, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Markus Schneider (Bonn, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark Frutaria. – European Union trade mark No 5 922 885
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 May 2024 in Case R 1377/2023-2 as corrected by corrigendum of 17 July 2024
Form of order sought
The applicant claims that the Court should:
—annul the contested decision to the extent the trade mark at issue was declared invalid;
—order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.
Pleas in law
—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 59(2) in conjunction with Article 7(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2024/5330/oj
ISSN 1977-091X (electronic edition)
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