Source: EURLEX
Language: en
Format: md

|  |  |  |
| --- | --- | --- |
| European flag | Official Journal  of the European Union | EN  C series |

---

|  |  |  |
| --- | --- | --- |
|  | C/2024/4871 | 12.8.2024 |

Action brought on 28 June 2024 – Techtex v EUIPO – Alberts (Dr.Albert)

(Case T-327/24)

(C/2024/4871)

Language in which the application was lodged: English

Parties

Applicant: Techtex SRL (Oșorhei, Romania) (represented by: B. Bularda, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Adina Alberts (Bucharest, Romania)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union word mark Dr.Albert – European Union trade mark No 18 221 810

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 April 2024 in Case R 763/2023-4

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the contested decision; |

|  |  |
| --- | --- |
| — | primarily, reject the cancellation in its entirety; |

|  |  |
| --- | --- |
| — | in the alternative, refer the case back to the Board of Appeal for reconsideration; |

|  |  |
| --- | --- |
| — | order EUIPO and the intervener to bear their own cost and pay the costs incurred by the applicant before the General Court and before the Board of Appeal of EUIPO. |

Plea in law

|  |  |
| --- | --- |
| — | Failure to take account of the bad faith of the cancellation applicant and the evidence regarding the bad faith of the cancellation applicant; |

|  |  |
| --- | --- |
| — | Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and the relevant case-law. |

---

[Top](#document1)