Action brought on 7 June 2023 – Naturgy Energy Group v EUIPO – Global Power Service (gps global power service)

(Case T-312/23)

Language in which the application was lodged: Spanish

Parties

Applicant: Naturgy Energy Group, SA (Madrid, Spain) (represented by: J. Mora Cortés, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Global Power Service SpA (Verona, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for EU figurative mark gps global power service – Application for registration No 18 001 007

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 1 March 2023 in Case R 505/2022-4

Form of order sought

The applicant claims that the Court should:

annul or revoke the contested decision, in so far as the appeal in Case R 505/2022-4 is dismissed, and grant, in its entirety, the contested mark in respect of all the goods and services sought;

order EUIPO and the intervener (if the latter intervenes in this action) to pay the costs, including those relating to the proceedings before the Operations Department and before the Fourth Board of Appeal of EUIPO.

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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