Information;Judgment — ECLI:EU:T:2024:716
Date: 2024-10-23
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 7 August 2023 – ePlus v EUIPO – Telefónica Germany (E-Plus) (Case T-463/23) Language in which the application was lodged: English Parties Applicant: ePlus Inc. (Herndon, Virginia, United States) (represented by: A. Mottet, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Telefónica Germany GmbH & Co. OHG (Munich, Germany) 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: European Union word mark E-Plus – European Union trade mark No 17 781 791 Procedure before EUIPO: Cancellation proceedings Contested decision: Decision of the First Board of Appeal of EUIPO of 2 June 2023 in Case R 951/2022-1 Form of order sought The applicant claims that the Court should: annul the contested decision; order EUIPO to bear its own costs and to pay those incurred by the applicant, including those incurred for the purposes of the proceedings before the Cancellation Division and the First Board of Appeal of EUIPO; order any intervener to bear its own costs. Pleas in law Insufficient assessment of genuine use and implications for bad faith assessment; Misinterpretation of evidence pertaining to cessation of use; Disregard for proprietor’s discontinuation of use and implication for bad faith assessment. ____________