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/2024/2769 | 29.4.2024 |

Action brought on 15 February 2024 – ETI Gıda Sanayi ve Ticaret v EUIPO – Star Foods Em (Bags [packaging] (Ornamentation for-))

(Case T-83/24)

(C/2024/2769)

Language in which the application was lodged: English

Parties

Applicant: ETI Gıda Sanayi ve Ticaret AŞ (Eskişehir, Türkiye) (represented by: A. Căvescu, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: SC Star Foods Em SRL (Popești Leordeni, Romania)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the General Court

Design at issue: European Union design Bags [packaging] (Ornamentation for-) – European Union design No 3 438 852-0002

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 15 December 2023 in Case R 1017/2023-3

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order EUIPO and the intervener to pay the costs of the proceedings before General Court, as well as the costs of the invalidity and appeal proceedings before EUIPO. |

Pleas in law

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| — | Infringement of Article 25(1)(e) of Council Regulation (EC) No 6/2002; |

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| — | Infringement of Articles 94 and 95 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

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| — | Infringement of the right to be heard and of the right to a fair trial. |

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