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/2024/3486 | 10.6.2024 |

Action brought on 22 April 2024 – SZ DJI Technology v EUIPO – Vision Research (PHANTOM)

(Case T-211/24)

(C/2024/3486)

Language in which the application was lodged: English

Parties

Applicant: SZ DJI Technology Co. Ltd (Shenzhen, China) (represented by: A. Renck, S. Petivlasova and A. Bothe, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Vision Research, Inc. (Wayne, New York, United States)

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 PHANTOM – International registration designating the European Union No 1 173 012

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 February 2024 in Case R 2125/2022-5

Form of order sought

The applicant claims that the Court should:

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| — | alter the contested decision, namely point 1 of its operative part, and decide that the trade mark at issue is maintained on the register for high speed cameras under Class 9; |

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| — | in the alternative, partially annul the contested decision as regards points 1 and 4 of its operative part; and |

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| — | order that the costs of the proceedings are borne by the defendant and the intervener, if any. |

Plea in law

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| — | Infringement of Article 58(1)(a) and Article 58(2) in conjunction with Article 198(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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