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/2025/1550 | 17.3.2025 |

Action brought on 22 January 2025 – Centex v EUIPO – Adler Modemärkte (OWN)

(Case T-34/25)

(C/2025/1550)

Language in which the application was lodged: English

Parties

Applicant: Centex SpA (Gandino, Italy) (represented by: B. Cartella, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Adler Modemärkte GmbH (Haibach, 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 OWN – Application for registration No 18 646 583

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 November 2024 in Case R 541/2024-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision, thereby confirming decision of the Opposition Division, as well as the absence of proof of use to the required standard; |

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| — | order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those before EUIPO. |

Pleas in law

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| — | Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council read together with Article 27(4) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of Article 47(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council read together with Article 10(3) of Commission Delegated Regulation (EU) 2018/625. |

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