Source: EURLEX
Language: en
Format: md

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| 24.7.2023 | EN | Official Journal of the European Union | C 261/44 |

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Action brought on 9 June 2023 — Pfriem v EUIPO — U-Control (UC)

(Case T-316/23)

(2023/C 261/60)

Language in which the application was lodged: English

Parties

Applicant: Hanns Pfriem (Schweinfurt, Germany) (represented by: M. Pütz-Poulalion, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: U-Control Srl (Torrile, Italy)

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: International registration designating the European Union in respect of the figurative mark UC — International registration designating the European Union No 1 569 179

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 16 March 2023 in Case R 1404/2022-4

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | uphold the opposition No B3146448 in its entirety, and reject the contested application in respect of all contested goods and services;  in the alternative,  remit the case to the Board of Appeal for re-examination. |

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| — | order EUIPO to bear the applicant’s costs and expenses. |

Pleas in law

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| — | Infringement of Article 41 of the Charter of Fundamental Rights of the European Union; |

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| — | Infringement of Article 27(2) in connection with Article 8(3) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 8(1)(b) in connection with Article 33(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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