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Case T-98/23: Action brought on 23 February 2023 — Atomico Investment v EUIPO — Gomes Tominaga (atomic fund)
ECLI:EU:UNKNOWN:62023TN0098
62023TN0098
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11.4.2023
Official Journal of the European Union
C 127/57
(Case T-98/23)
(2023/C 127/70)
Language in which the application was lodged: English
Parties
Applicant: Atomico Investment Holdings Limited (Road Town, British Virgin Islands) (represented by: S. Malynicz, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Augusto Gomes Tominaga (Amsterdam, Netherlands)
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 mark atomic fund — Application for registration No 17 796 781
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 9 December 2022 in Case R 324/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party, if it takes part in these proceedings, to pay the costs.
Plea in law
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.