Action brought on 16 February 2024 – Košovan v EUIPO – Volkswagen (Voltwagen)

(Case T-87/24)

Language in which the application was lodged: English

Parties

Applicant: Štefan Košovan (Preseľany, Slovakia) (represented by: A. Bělohlávek, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Volkswagen AG (Wolfsburg, Germany)

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 Voltwagen – Application for registration No 18 198 314

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 December 2023 in Case R 2216/2022-4

Form of order sought

The applicant claims that the Court should:

change the contested decision in so far as it annulled the decision of the Opposition Division and upheld the opposition for the services in Class 37 specified in point 1 of the dispositive part of the contested decision and confirm the decision of the Opposition Division in its entirety;

order the other party to the proceedings to bear the costs of the proceedings before EUIPO;

order EUIPO and as the case may be the other party to the proceedings to bear the costs incurred in the present proceedings;

In the alternative, the Court should:

annul the contested decision in so far as it annulled the decision of the Opposition Division and upheld the opposition for the services in Class 37 specified in point 1 of the dispositive part of the contested decision;

order EUIPO and as the case may be the other party to the proceedings to bear the costs incurred in the present proceedings;

remit the case back to EUIPO to the extent that the contested decision is annulled.

Pleas in law

Infringement of Article 54(1)(a) of the Rules of Procedure of the Boards of Appeal in connection with Article 27(4) and Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

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

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