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/2025/1658 | 24.3.2025 |

Action brought on 29 January 2025 – Viva Credit v EUIPO – Viva Wallet (Viva)

(Case T-73/25)

(C/2025/1658)

Language in which the application was lodged: English

Parties

Applicant: Viva Credit IFN SA (Bucharest, Romania) (represented by: E. Cammareri and B. Marone, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Viva Wallet AE Symmetochon – Anaptyxis Logismikoy (Marousi, Greece)

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 Viva – European Union trade mark No 11 741 188

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 November 2024 in Case R 2367/2023-4

Form of order sought

The applicant claims that the Court should:

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| — | partially annul the contested decision, in order to keep the registration of the trade mark at issue for the services allowed in the decision of the Cancellation Division; or, in the alternative, |

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| — | remit the case for a new examination of the appeal lodged with the Board of Appeal; |

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| — | order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings before the General Court and the Board of Appeal. |

Pleas in law

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| — | Infringement of Article 58(1)(a) and 58(2) in conjunction with Article 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Articles 263 and 296 TFEU in conjunction with Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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