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/2024/2330 | 2.4.2024 |

Action brought on 16 February 2024 — Košovan v EUIPO — Volkswagen (Voltwagen)

(Case T-87/24)

(C/2024/2330)

Language in which the application was lodged: English

Parties

Applicant: Štefan Košovan (Preseľany, Slovakia) (represented by: A. Bělohlávek, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Volkswagen AG (Wolfsburg, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union word mark Voltwagen — Application for registration No 18 198 314

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 December 2023 in Case R 2216/2022-4

Form of order sought

The applicant claims that the Court should:

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| — | change the contested decision in so far as it annulled the decision of the Opposition Division and upheld the opposition for the services in Class 37 specified in point 1 of the dispositive part of the contested decision and confirm the decision of the Opposition Division in its entirety; |

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| — | order the other party to the proceedings to bear the costs of the proceedings before EUIPO; |

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| — | order EUIPO and as the case may be the other party to the proceedings to bear the costs incurred in the present proceedings;  In the alternative, the Court should: |

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| — | annul the contested decision in so far as it annulled the decision of the Opposition Division and upheld the opposition for the services in Class 37 specified in point 1 of the dispositive part of the contested decision; |

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| — | order EUIPO and as the case may be the other party to the proceedings to bear the costs incurred in the present proceedings; |

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| — | remit the case back to EUIPO to the extent that the contested decision is annulled. |

Pleas in law

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| — | Infringement of Article 54(1)(a) of the Rules of Procedure of the Boards of Appeal in connection with Article 27(4) and Article 95(2) 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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