EN
9.1.2023
Official Journal of the European Union
C 7/39
— annul the contested decision refusing registration of mark No 18 205 163, for the goods and classes ‘beers’ (Class 32) and ‘vodka’ (Class 33); — grant the application for registration of mark No 18 205 163 for the classes and goods indicated; — dismiss the company Uccoar’s contrary applications and form of order sought; — order the defendant to pay the costs.
Plea in law — Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and the Council.
Action brought on 31 October 2022 — Mood Media Netherlands v EUIPO — Tailoradio (RADIO MOOD In-store Radio, made easy) (Case T-663/22) (2023/C 7/47) Language in which the application was lodged: French Parties Applicant: Mood Media Netherlands (Naarden, Netherlands) (represented by: A.-M. Pecoraro, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Tailoradio Srl (Milan, Italy)
Details of the proceedings before EUIPO Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal Trade mark at issue: Application for the EU figurative mark RADIO MOOD In-store Radio, made easy in the colours grey, orange and white — Application for registration No 16 150 708 Proceedings before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 August 2022 in Case R 1853/2018-5
Form of order sought The applicant claims that the Court should: — annul the contested decision; — order EUIPO to pay the costs.
Plea in law — Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.