Action brought on 21 February 2024 – Qx World v EUIPO – Scio International (SCIO THETA)

(Case T-100/24)

Language in which the application was lodged: English

Parties

Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: SC Scio International SRL (Sânmartin, Romania)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark SCIO THETA – European Union trade mark No 15 490 717

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 December 2023 in joined cases R 1054/2021-4 and R 1080/2021-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision insofar as it rejected the applicant’s appeal and cross-appeal;

remit the case to EUIPO’s Boards of Appeal.

Pleas in law

Infringement of Article 67 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 68(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, as well as of the essential procedural requirement for respect of the applicant’s rights to good administration, a remedy and to be heard.

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