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/2024/4870 | 12.8.2024 |

Action brought on 28 June 2024 – Tamasu Butterfly Europa v EUIPO – Domu Brands (BTFY)

(Case T-326/24)

(C/2024/4870)

Language in which the application was lodged: German

Parties

Applicant: Tamasu Butterfly Europa GmbH (Krefeld, Germany) (represented by: C. Röhl, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Domu Brands Ltd (Salford, United Kingdom)

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: International registration designating the European Union in respect of the word mark BTFY – International registration designating the European Union No 1 566 912

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 18 April 2024 in Case R 433/2023-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and refer it back to the Opposition Division; |

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| — | order EUIPO to pay the costs. |

Pleas 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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| — | Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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