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Case T-196/23: Action brought on 14 April 2023 — Mindspa v EUIPO — Mind Solutions (MINDSPA)
ECLI:EU:UNKNOWN:62023TN0196
62023TN0196
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12.6.2023
EN
Official Journal of the European Union
C 205/36
(Case T-196/23)
(2023/C 205/41)
Language in which the application was lodged: English
Parties
Applicant: Mindspa OÜ (Tallinn, Estonia) (represented by: A. Pavelts, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Mind Solutions Ltd (Sofia, Bulgaria)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union word mark MINDSPA — Application for registration No 18 306 780
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 9 February 2023 in Case R 374/2022-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision partially, namely to the extent the Board of Appeal of EUIPO upheld the opposition and rejected the European Union trade mark application MINDSPA (No. 18 306 780);
—to order protection to be granted to the trade mark at issue in its entirety;
—order EUIPO to bear the costs.
Plea in law
—Infringement of Article 8(1)(b) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council.