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/2023/219 | 23.10.2023 |

Action brought on 17 August 2023 — ZB v EUIPO — Muhsinoglu (X ENERGY DRINK)

(Case T-507/23)

(C/2023/219)

Language in which the application was lodged: English

Parties

Applicant: ZB (represented by: P. Korolko, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Siyabend Goran Muhsinoglu (Troisdorf, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union figurative mark X ENERGY DRINK — Application for registration No 18 428 256

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 23 June 2023 in Case R 221/2023-4

Form of order sought

The applicant claims that the Court should:

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| — | alter the contested decision and reject the opposition in its entirety; |

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| — | register the trademark applied for; |

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| — | order EUIPO and the intervener to bear their own costs and to pay those incurred by the applicant, including those incurred in the proceedings before the EUIPO. |

Pleas in law

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

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| — | Failure of the duty to state reasons of contested decision and infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 41(2) of Charter of Fundamental Rights of the European Union. |

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