Action brought on 17 February 2023 – Google v EUIPO – EPay (GPAY)
(Case T-78/23)
Language in which the application was lodged: English
Parties
Applicant: Google LLC (Mountain View, California, United States) (represented by: C. Schmitt and M. Kinkeldey, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: EPay AD (Sofia, Bulgaria)
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 GPAY – Application for registration No 18 138 507
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 30 November 2022 in Case R 1761/2021-4
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
order EUIPO and, the other party to the proceedings before the Board of Appeal if it joins as intervener, to pay the costs of the proceedings.
Plea in law
Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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