Action brought on 8 April 2024 – Biif v EUIPO – Eddies Pizza (Caprizza)
(Case T-187/24)
Language in which the application was lodged: English
Parties
Applicant: Biif Srl (Bergamo, Italy) (represented by: F. Musella, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Eddies Pizza, SL (Palafrugell, Spain)
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 figurative mark Caprizza – Application for registration No 18 434 530
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 9 February 2024 in Case R 1077/2023-1
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
reject opposition No. 003151820 in its entirety;
alternatively, refer the case to the First Board of Appeal EUIPO for review;
order the defendant and the other party to the proceedings to pay the costs of the double-level 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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