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/2024/5117 | 26.8.2024 |

Action brought on 12 July 2024 – Devin v EUIPO – Haskovo Chamber of Commerce and Industry (DEVIN)

(Case T-351/24)

(C/2024/5117)

Language in which the application was lodged: English

Parties

Applicant: Devin EAD (Devin, Bulgaria) (represented by: B. Van Asbroeck, G. de Villegas and R. Meys, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Haskovo Chamber of Commerce and Industry (Haskovo, Bulgaria)

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 DEVIN – European Union trade mark No 9 408 865

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 7 May 2024 in Case R 2535/2019-4

Form of order sought

The applicant claims that the Court should:

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| — | alter the contested decision, in order to annul the appealed decision of the Cancellation Division; |

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| — | order that the trade mark at issue remains registered for all goods in Class 32; |

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| — | in the alternative, order that the trade mark at issue remains registered for the following goods in Class 32: mineral water; seltzer mineral water; spring water; table water; flavoured water; fruit-flavoured beverages; waters [beverages]; seltzer waters; soda water; |

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| — | order the defendant to bear its own costs and pay those of the applicant and the other party to the proceedings before the Board of Appeal to bear its own costs. |

Pleas in law

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| — | Infringement of Article 52(1)(a) in conjunction with Article 7(1)(c) of Council Regulation (EC) No 207/2009; |

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| — | Infringement of Article 52(1)(a) in conjunction with Article 7(3) of Council Regulation (EC) No 207/2009; |

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| — | Infringement of Article 94(1) in conjunction with Article 70(2) of Regulation (EU) 2017/1001 of the European Parliament and with Article 27(2) of Commission Delegated Regulation (EU) 2018/625; |

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| — | Infringement of the principles of equal treatment, legal certainty and legitimate expectations. |

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