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/2025/408 | 27.1.2025 |

Action brought on 26 November 2024 – Homestar v EUIPO – General Sanitary (THERMATEC)

(Case T-611/24)

(C/2025/408)

Language in which the application was lodged: English

Parties

Applicant: Homestar sp. z o.o. (Katowice, Poland) (represented by: P. Gwoździewicz-Matan, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: General Sanitary, SLU (Cerdanyola del Valles, Spain)

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 THERMATEC – Application for registration No 18 790 365

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 27 September 2024 in Case R 856/2024-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and remit the case to EUIPO for reconsideration; |

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| — | in the alternative, amend the contested decision by declaring that there are no relative grounds for refusal of registration of the trade mark at issue with respect to all goods in Classes 11 and 37, and that the trade mark should be registered in its entirety; |

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| — | order EUIPO and the intervener, if any, to pay the costs. |

Plea 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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