21.8.2023 |
EN |
Official Journal of the European Union |
C 296/44 |
Action brought on 7 July 2023 — Washtower IP v EUIPO — LG Electronics (WASHTOWER)
(Case T-376/23)
(2023/C 296/49)
Language in which the application was lodged: English
Parties
Applicant: Washtower IP BV (Hengelo, Netherlands) (represented by: L. Fresco, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: LG Electronics, Inc. (Seoul, Republic of Korea)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark WASHTOWER — European Union trade mark No 18 193 675
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 April 2023 in Case R 412/2022-5
Form of order sought
The applicant claims that the Court should:
— |
annul the contested decision and dismiss LG Electronics’ cancellation action or, alternatively, annul that decision and send the case back to the Board of Appeal for reconsideration; |
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order EUIPO and the other party to the proceedings to bear their own costs and pay those of the applicant. |
Pleas in law
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Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |