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/2024/5243 | 2.9.2024 |

Action brought on 18 July 2024 – Wycon v EUIPO – GPQ (WIQO)

(Case T-364/24)

(C/2024/5243)

Language in which the application was lodged: Italian

Parties

Applicant: Wycon SpA (Milan, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: GPQ Srl (Milan)

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 WIQO – International registration designating the European Union No 10 644 219

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 7 May 2024 in Joined Cases R 691/2023-4 and R 772/2023-4

Form of order sought

The applicant claims that the Court should:

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| — | vary the contested decision since it was found in that decision that the mark was not to be revoked for lack of use in relation to ‘cosmetic preparations for skin care’ in Class 3’; |

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| — | vary the contested decision since it was found in that decision that the mark was not to be revoked for lack of use in relation to ‘make-up products’ in Class 3’ |

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| — | order the adverse parties to pay the costs. |

Plea in law

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

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