# C_2023321EN.01006201.xml

| 11.9.2023 | EN | Official Journal of the European Union | C 321/62 |
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11.9.2023

EN

Official Journal of the European Union

C 321/62

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Action brought on 25 July 2023 — Consejo Regulador ‘Aceite de Jaén’ v EUIPO — Agrícola La Loma (VEGA DEL OBISPO BIO Jaén PRODUCTOS ECOLÓGICOS)

(Case T-425/23)

(2023/C 321/69)

Language in which the application was lodged: Spanish

Parties

Applicant: Consejo Regulador de la Indicación Geográfica Protegida ‘Aceite de Jaén’ (Mengíbar, Spain) (represented by: F. Muñoz Calvo, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Agrícola La Loma S. Coop. Andaluza (Torreblascopedro, Spain)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark VEGA DEL OBISPO BIO Jaén PRODUCTOS ECOLÓGICOS — EU trade mark No 18 326 674

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 1 June 2023 in the Case R 1119/2022-1

Form of order sought

The applicant claims that the Court should:

| — | Annul the contested decision. |
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Annul the contested decision.

| — | Refer the proceedings back to the Board of Appeal for a lawful decision declaring the partial invalidity of the mark at issue. |
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Refer the proceedings back to the Board of Appeal for a lawful decision declaring the partial invalidity of the mark at issue.

| — | Order EUIPO to pay the costs. |
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Order EUIPO to pay the costs.

Pleas in law

| — | Procedural infringement of the adversarial principle and the causing of a situation of defencelessness for the applicant. |
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Procedural infringement of the adversarial principle and the causing of a situation of defencelessness for the applicant.

| — | Infringement of Article 7(1)(f) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on account of breach of EU public policy through the non-compliance with European legislation on the retail marketing of olive oils. |
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Infringement of Article 7(1)(f) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on account of breach of EU public policy through the non-compliance with European legislation on the retail marketing of olive oils.

| — | Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as a result of the risk of deception inherent in the trade mark at issue. |
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Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as a result of the risk of deception inherent in the trade mark at issue.

| — | Infringement of Article 7(1)(j) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on account of infringement of the Community legal framework on protected geographical designations. |
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Infringement of Article 7(1)(j) of Regulation (EU) 2017/1001 of the European Parliament and of the Council on account of infringement of the Community legal framework on protected geographical designations.

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