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Case T-513/23: Action brought on 21 August 2023 — Heraeus Electronics v EUIPO — Welco (WELCO)
ECLI:EU:UNKNOWN:62023TN0513
62023TN0513
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Official Journal of the European Union
EN
Series C
C/2023/37
9.10.2023
(Case T-513/23)
(C/2023/37)
Language in which the application was lodged: German
Parties
Applicant: Heraeus Electronics GmbH & Co. KG (Hanau, Germany) (represented by: A. Ebert-Weidenfeller and H. Förster, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Welco spol. s.r.o. (Uherský Brod, Czech Republic)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark WELCO — EU mark No 17 439 969
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 June 2023 in Case R 2409/2022-2
Form of order sought
The applicant claims that the Court should:
—grant the applicant leave to replace the original party, Heraeus Deutschland GmbH, now Heraeus Precious Metals GmbH & Co. KG, pursuant to Article 174 of the Rules of Procedure;
—annul the contested decision;
—order EUIPO to pay the costs of the proceedings, including the costs incurred as a result of the proceedings before the Cancellation Division and the Board of Appeal of EUIPO.
Pleas in law
—Infringement of Article 60(1)(a), read in conjunction with Article 8(1)(b) and Article 8(2)(a)(i) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 60(1)(a), read in conjunction with Article 8(1)(a) and Article 8(2)(a)(i) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.