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/2024/1106 | 5.2.2024 |

Action brought on 6 December 2023 — Ferrero Deutschland v EUIPO — Kondyterska korporatsiia ‘Roshen’ (ROSHEN CONFECTIONERY CORP.)

(Case T-1140/23)

(C/2024/1106)

Language in which the application was lodged: English

Parties

Applicant: Ferrero Deutschland GmbH (Frankfurt am Main, Germany) (represented by: M. Kefferpütz and K. Wagner, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’ (Kyiv, Ukraine)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark ROSHEN CONFECTIONERY CORP. — Application for registration No 18 026 424

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 October 2023 in Case R 2428/2022-4

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and reject the trade mark application at issue in its entirety; |

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| — | order EUIPO and the other party to the proceedings before the Board of Appeal, in case that the latter decides to intervene, to bear their own costs; |

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| — | order EUIPO and the other party to the proceedings before the Board of Appeal, in case that the latter decides to intervene, to pay the costs incurred by the applicant; |

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| — | in the alternative, remit the case to the Board of Appeal. |

Pleas in law

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| — | Erroneous admission of evidence; |

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| — | Incomplete determination of the relevant public; |

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| — | Misjudgement of the use of ‘Rocher’ as an independent trade mark; |

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| — | Misjudgement of the independent distinctive character of ‘Rocher’ within ‘Ferrero Rocher’; |

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| — | Failure to establish the presence of a likelihood of confusion. |

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