Action brought on 14 April 2023 – Peikko Group v EUIPO – Anstar (Shape of metal beams for construction)
(Case T-192/23)
Language in which the application was lodged: English
Parties
Applicant: Peikko Group Oy (Lahti, Finland) (represented by: M. Müller and A. Fottner, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Anstar Oy (Villähde, Finland)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union tridimensional mark (Shape of metal beams for construction) – European Union trade mark No 18 139 145
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 February 2023 in Case R 2180/2021-5
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
reject the request for declaration of invalidity of the trade mark at issue;
order the defendant and the other party to the proceedings before the Board of Appeal to bear the applicant’s costs n the present procedure and in the procedure before the Board of Appeal.
Plea in law
Infringement of Article 59(1)(a) in conjunction with Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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