Action brought on 13 December 2023 – Ghiassi v EUIPO – Hersill (VITAE)
(Case T-1153/23)
Language in which the application was lodged: English
Parties
Applicant: Ardeshir Ghiassi (Unna, Germany) (represented by: G. Vierkötter, lawyer)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Hersill, SL (Móstoles, Spain)
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 VITAE – European Union trade mark No 18 078 858
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 October 2023 in Case R 2392/2022-4
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
order EUIPO to pay the costs, including the costs of the appeal proceedings.
Pleas in law
Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
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