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Case T-194/23: Action brought on 16 April 2023 — Fractal Analytics v EUIPO — Fractalia Remote Systems (FRACTALIA)
ECLI:EU:UNKNOWN:62023TN0194
62023TN0194
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Valentina R., lawyer
30.5.2023
EN
Official Journal of the European Union
C 189/41
(Case T-194/23)
(2023/C 189/54)
Language in which the application was lodged: English
Parties
Applicant: Fractal Analytics, Inc. (New York, New York, United States) (represented by: J. Güell Serra, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Fractalia Remote Systems, SL (Madrid, Spain)
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: European Union figurative mark FRACTALIA — European Union trade mark No 3 620 887
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 31 January 2023 in Case R 859/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party to the proceedings before the EUIPO to pay the costs.
Pleas in law
—Infringement of Article 27(4) of Commission Delegated Regulation (EU) 2018/625 in connection with Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 19(1) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 10(3) of Commission Delegated Regulation (EU) 2018/625.