Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2024/5429 | 16.9.2024 |

Action brought on 5 August 2024 – Starbuzz Tobacco v EUIPO – Mayflix (Discovery)

(Case T-404/24)

(C/2024/5429)

Language in which the application was lodged: English

Parties

Applicant: Starbuzz Tobacco, Inc. (Brea, California, United States) (represented by: C. Thomas and V. Adam, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Mayflix GmbH (Frankfurt am Main, Germany)

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 Discovery – European Union trade mark No 14 834 345

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 June 2024 in Case R 157/2024-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | dismiss the appeal; |

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| — | in alternative, annul the contested decision and refer the case back to EUIPO; |

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| — | order EUIPO to pay the costs incurred in the proceedings before the court and order the (potential) intervener to pay the costs incurred in the appeal and cancellation proceedings before EUIPO. |

Plea in law

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| — | Infringement of Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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