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/2024/3923 | 1.7.2024 |

Action brought on 16 May 2024 – Kudsi Alattar v EUIPO – Medelhavet Gross (Chamain)

(Case T-259/24)

(C/2024/3923)

Language in which the application was lodged: English

Parties

Applicant: Tarek Kudsi Alattar (Damascus, Syria) (represented by: J. Gallego Jiménez, E. Sanz Valls, P. Bauzá Martínez and Y. Hernández Viñes, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Medelhavet Gross AB (Laholm, Sweden)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark Chamain – European Union trade mark No 18 329 240

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 February 2024 in joined cases R 1258/2023-2 and R 1588/2023-2

Form of order sought

The applicant claims that the Court should:

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| — | uphold the decision of the Second Board of Appeal in Case R 1258/2023-2; |

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| — | dismiss in part the cancellation applicant’s appeal R 1588/2023-2 and maintain the contested decision to the extent that the trade mark at issue remains valid for the following goods: |

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| — | Class 5: dietetic food and substances adapted for medical use; dietary supplements for humans; |

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| — | Class 31: fresh herbs; |

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| — | order the EUIPO (and if it intervenes, the other party to the proceedings before the Board of Appeal) to bear its costs and pay those of the applicant. |

Plea in law

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| — | Infringement of Article 8(1)(b) EUTMR (Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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