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Case T-279/23: Action brought on 22 May 2023 — Sumol + Compal Marcas v EUIPO — Kåska (smål)
ECLI:EU:UNKNOWN:62023TN0279
62023TN0279
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Official Journal of the European Union
C 235/74
(Case T-279/23)
(2023/C 235/88)
Language in which the application was lodged: English
Parties
Applicant: Sumol + Compal Marcas SA (Carnaxide, Portugal) (represented by: R. Milhões, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Kåska Oy (Helsinki, Finland)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union figurative trade mark smål — Application for registration No 18 442 375
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 March 2023 in Case R 2295/2022-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—annul the decision of the Opposition Division of 23 September 2022 in opposition proceedings No. B 3 150 396;
—order EUIPO and the other party to the proceedings to pay the costs.
Plea in law
—Infringement of and incorrect application of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.