Official Journal of the European Union

EN

C series

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C/2024/4871

12.8.2024

(Case T-327/24)

(C/2024/4871)

Language in which the application was lodged: English

Parties

Applicant: Techtex SRL (Oșorhei, Romania) (represented by: B. Bularda, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Adina Alberts (Bucharest, Romania)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark Dr.Albert – European Union trade mark No 18 221 810

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 April 2024 in Case R 763/2023-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—primarily, reject the cancellation in its entirety;

—in the alternative, refer the case back to the Board of Appeal for reconsideration;

—order EUIPO and the intervener to bear their own cost and pay the costs incurred by the applicant before the General Court and before the Board of Appeal of EUIPO.

Plea in law

—Failure to take account of the bad faith of the cancellation applicant and the evidence regarding the bad faith of the cancellation applicant;

—Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and the relevant case-law.

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ELI: http://data.europa.eu/eli/C/2024/4871/oj

ISSN 1977-091X (electronic edition)

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