Action brought on 19 January 2024 – Devo v EUIPO – Capgemini España (DEVO)

(Case T-35/24)

Language in which the application was lodged: English

Parties

Applicant: Devo, Inc. (Cambridge, Massachusetts, United States) (represented by: P. Fenech and S. Galea, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Capgemini España, SL (Madrid, 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 word mark DEVO – Application for registration No 17 880 864

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 October 2023 in Case R 336/2023-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision, dismiss the opposition and allow the trade mark application at issue to proceed to registration;

order the other party to the proceedings before the Board of Appeal to pay the costs.

Plea in law

Infringement of 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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