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Case T-408/22: Judgment of the General Court of 22 March 2023 — adp Merkur v EUIPO — psmtec (SEVEN SEVEN 7) (EU trade mark — Opposition proceedings — Application for EU figurative mark SEVEN SEVEN 7 — Earlier EU word mark Seven — Relative grounds for refusal — Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 — No genuine use — Article 47(2) of Regulation 2017/1001)

ECLI:EU:UNKNOWN:62022TA0408

62022TA0408

March 22, 2023
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I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

Official Journal of the European Union

C 179/42

(Case T-408/22) (*)

(EU trade mark - Opposition proceedings - Application for EU figurative mark SEVEN SEVEN 7 - Earlier EU word mark Seven - Relative grounds for refusal - Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 - No genuine use - Article 47(2) of Regulation 2017/1001)

(2023/C 179/61)

Language of the case: German

Parties

Applicant: adp Merkur GmbH (Espelkamp, Germany) (represented by: K. Mandel, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder and M. Eberl, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: psmtec GmbH (Illertissen, Germany)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 April 2022 (Case R 1498/2021-2).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders each party to bear its own costs.

*

(*) Language of the case: German.

ECLI:EU:C:2023:140

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