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/2024/4094 | 8.7.2024 |

Action brought on 17 May 2024 – Noster Finance v EUIPO – Wewi Mobile (finect)

(Case T-263/24)

(C/2024/4094)

Language in which the application was lodged: Spanish

Parties

Applicant: Noster Finance SL (Madrid, Spain) (represented by: A. Lorente Berges, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Wewi Mobile, SL (Villena, Spain)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark finect – EU trade mark No 11 323 136

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 14 March 2024 in Case R 1965/2022-5

Form of order sought

The applicant claims that the Court should:

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| — | annul paragraphs 2 and 3 of the contested decision; |

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| — | maintain the registration of the mark at issue by finding that use in accordance with Article 58(1) of the regulation in Classes 36, 38 and 42 has been established; |

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| — | order the defendants to pay the costs of the present proceedings. |

Pleas in law

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| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 41(2)(a) of the Charter of Fundamental Rights of the European Union; |

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| — | Infringement of Article 58(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of Article 62(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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