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Case T-200/24: Action brought on 12 April 2024 – Wonderbox v EUIPO – Swile (Wonderbox)
ECLI:EU:UNKNOWN:62024TN0200
62024TN0200
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Official Journal of the European Union
EN
C series
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C/2024/3351
3.6.2024
(Case T-200/24)
(C/2024/3351)
Language in which the application was lodged: French
Parties
Applicant: Wonderbox (Paris, France) (represented by: O. Klimis, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Swile (Montpellier, France)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark Wonderbox (EU trade mark No 14 980 874)
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 February 2024 in Case R 776/2023-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in part, in so far as it cancelled the EU trade mark No 14 980 874 Wonderbox for the following goods and services:
Class 16: tickets; boxes of cardboard or paper; gift boxes; pamphlets; printed publications; trading cards, other than for games; catalogues; booklets; vouchers to be exchanged for goods or services; gift vouchers for advertising or commercial purposes;
Class 35: Advertising; direct mail advertising (tracts, prospectuses, printed matter, samples); online advertising on a computer network; rental of advertising time on communication media; publication of publicity texts; rental of advertising space; dissemination of advertising matter; distribution of purchase vouchers, gift certificates for promotional or commercial purposes; sales promotion services for others; design of advertising material; dissemination of advertising matter; provision of an online marketplace for buyers and sellers of goods and services; business information via websites; negotiation and conclusion of commercial transactions for third parties; sales promotion for others; distribution of tokens of monetary value for promotional or commercial purposes;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 58(1)(a) and (2) in conjunction with the first sentence of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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ELI: http://data.europa.eu/eli/C/2024/3351/oj
ISSN 1977-091X (electronic edition)
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