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/2024/1548 | 26.2.2024 |

Action brought on 21 December 2023 — Antimo Caputo v EUIPO — Barbato (NuvolaSuper)

(Case T-1178/23)

(C/2024/1548)

Language in which the application was lodged: Italian

Parties

Applicant: Antimo Caputo Srl (Naples, Italy) (represented by: F. Musella, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pasquale Barbato (Villanova De Bellis (MN), Italy)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for EU figurative mark NuvolaSuper — Application for registration No 18 362 145

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the fifth Board of Appeal of EUIPO of 17 October 2023 in Case R 2068/2022-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | reject opposition No B 3 145 038 in its entirety; |

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| — | in the alternative, refer the case back to the Board of Appeal for review; |

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| — | order EUIPO and the other party to the proceedings to pay the costs at first instance and on appeal. |

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; |

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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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