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/2024/6271 | 28.10.2024 |

Action brought on 13 September 2024 – Kap3 Premium Products v EUIPO – CuraProducts (CaloVital)

(Case T-478/24)

(C/2024/6271)

Language in which the application was lodged: German

Parties

Applicant: Kap3 Premium Products UG (haftungsbeschränkt) (Mainz, Germany) (represented by: S. Breckheimer, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: CuraProducts GmbH (Groß Gerau, Germany)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for the EU word mark CaloVital – Application No 18 543 839

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 11 July 2024 in Case R 1441/2023-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | allow the appeal against the decision of the Opposition Division; |

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| — | order EUIPO to pay the costs including those incurred in the proceedings before the Opposition Division and before the Board of Appeal. |

Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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