Source: EURLEX
Language: en
Format: md

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| 18.9.2023 | EN | Official Journal of the European Union | C 329/30 |

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Action brought on 31 July 2023 — Giuliani v EUIPO — H&H (Swisse)

(Case T-442/23)

(2023/C 329/42)

Language in which the application was lodged: English

Parties

Applicant: Giuliani SpA (Milano, Italy) (represented by: S. de Bosio, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Health and Happiness (H&H) Hong Kong Ltd (Hong Kong, China)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark Swisse (Colours red, black and white) — European Union trade mark No 3 252 152

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 31 May 2023 in Case R 2185/2019-1 RENV

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | uphold the application for declaration of invalidity of the trade mark at issue; |

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| — | order that defendant and the EUTM Proprietor to jointly and severally pay all costs. |

Pleas in law

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| — | The contested decision is held ultra petita and in disregard of the res judicata on the factual assessments of the Cancellation Division and of the first Board of Appeal decision; |

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| — | Infringements of Article 41 of the Charter of Fundamental Rights of the European Union, of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, of Article 32(i) of Commission Delegated Regulation (EU) 2018/625 and of Articles 71(1) and 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 7(1)(g) of Council Regulation (EC) No 40/94; |

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| — | Infringement of Article 51(1)(b) of Council Regulation (EC) No 40/94. |

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