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Case T-509/22: Action brought on 22 August 2022 — Bimbo v EUIPO — Bottari Europe (BimboBIKE)
ECLI:EU:UNKNOWN:62022TN0509
62022TN0509
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Valentina R., lawyer
10.10.2022
EN
Official Journal of the European Union
C 389/16
(Case T-509/22)
(2022/C 389/18)
Language in which the application was lodged: English
Parties
Applicant: Bimbo, SA (Madrid, Spain) (represented by: J. Carbonell Callicó, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Bottari Europe Srl (Pomponesco, Italy)
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 BimboBIKE — Application for registration No 18 274 340
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 16 June 2022 in Case R 2110/2021-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—declare inapplicable the order that the applicant bear the costs incurred by the other party to the proceedings before the Board of Appeal;
—order EUIPO and the intervening party to pay all the costs of the dispute before the General Court, including those relating to the procedure before the Board of Appeal.
Pleas in law
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 109 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.