Action brought on 25 March 2024 – Fashion Box v EUIPO – Ghostthinker (RE:PLAY)
(Case T-164/24)
Language in which the application was lodged: English
Parties
Applicant: Fashion Box SpA (Asolo, Italy) (represented by: A. Parassina and A. Giovannardi, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Ghostthinker GmbH (Augsburg, Germany)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for European Union word trade mark RE:PLAY – Application for registration No 18 376 980
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 25 January 2024 in Case R 424/2023-1
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
order EUIPO to reject the EUTM application No 18 376 980 for RE:PLAY;
order Ghostthinker GmbH to pay the costs.
Pleas in law
Infringement of Article 8(5) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council;
Violation of the principles of equal treatment and sound administration.
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