Source: EURLEX
Language: en
Format: md

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

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|  | C/2024/752 | 22.1.2024 |

Action brought on 22 November 2023 — Starwe Global v EUIPO — Mirus Beheer (VA VIVAIA)

(Case T-1090/23)

(C/2024/752)

Language in which the application was lodged: English

Parties

Applicant: Starwe Global Holding Inc. (Miami, Florida, United States) (represented by: M. Rieger-Jansen, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Mirus Beheer BV (Kaatsheuvel, Netherlands)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark VA VIVAIA — European Union trade mark No 18 266 193

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 September 2023 in Case R 2306/2022-5

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 application for invalidity in its entirety; |

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| — | order EUIPO and the other party to the proceedings before the Board of Appeal to jointly and severally pay the applicant’s costs in the present proceedings. |

Pleas in law

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| — | Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council through incorrect assessment of the similarity between the signs; |

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| — | Infringement of Article 60(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council through the incorrect finding of a likelihood of confusion between the signs. |

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