Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2023/675 | 13.11.2023 |

Action brought on 29 September 2023 — momox v EUIPO — Nyky (momox fashion)

(Case T-601/23)

(C/2023/675)

Language in which the application was lodged: English

Parties

Applicant: momox SE (Berlin, Germany) (represented by: U. Lüken, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Nyky Srl (Silea, Italy)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union word mark momox fashion — Application for registration No 18 313 876

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 7 August 2023 in Case R 138/2023-1

Form of order sought

The applicant claims that the Court should:

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| — | stay the proceedings until a final decision in the cancellation proceedings against the Italian trade mark No 2018000009023 is issued; |

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| — | annul the contested decision to the extent its application for registration was rejected; |

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| — | order EUIPO to pay the costs. |

Plea 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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