Source: EURLEX
Language: en
Format: md

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| 24.1.2022 | EN | Official Journal of the European Union | C 37/53 |

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Action brought on 29 November 2021 — Associação do Socorro e Amparo v EUIPO — De Bragança (quis ut Deus)

(Case T-752/21)

(2022/C 37/70)

Language in which the application was lodged: Portuguese

Parties

Applicant: Associação do Socorro e Amparo (Lisbon, Portugal) (represented by: J. Motta Veiga, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Duarte Pio De Bragança (Sintra, Portugal)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark quis ut Deus — European Union trade mark No 9 131 566

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 21 October 2021 in Case R 581/2021-4

Form of order sought

The applicant claims that the General Court should:

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| — | uphold the present action and replace the decision of the Fourth Board of Appeal with a decision declaring European Union trade mark No 9 131 566 invalid in respect of all goods and services protected by the mark on the basis of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, on the grounds that the mark has not been put to genuine use for a continuous period of five years; |

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| — | order the defendant to pay the costs and other expenses incurred in the proceedings, including lawyers’ fees the amount of which is to be determined subsequently. |

Plea in law

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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