3.7.2023 |
EN |
Official Journal of the European Union |
C 235/61 |
Action brought on 12 May 2023 — Braunschweiger Versorgungs v EUIPO — B.F. Energy (BF energy)
(Case T-245/23)
(2023/C 235/74)
Language in which the application was lodged: English
Parties
Applicant: Braunschweiger Versorgungs AG & Co. KG (Braunschweig, Germany) (represented by: C. Drzymalla, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: B.F. Energy Srl (Rome, Italy)
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 trade mark BF energy — Application for registration No 18 336 443
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 17 February 2023 in Case R 1646/2022-2
Form of order sought
The applicant claims that the Court should:
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annul the contested decision; |
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reject the application for the trade mark at issue; |
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order EUIPO and the other party to pay the costs, including the costs of proceedings before the Board of Appeal. |
Pleas in law
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Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the level of attention of the public at large; |
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Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the visual, aural and conceptual similarity of the signs; |
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Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the overall assessment of the likelihood of confusion. |