Action brought on 20 February 2024 – Osculati v EUIPO – Olymp Bezner (O)

(Case T-98/24)

Language in which the application was lodged: English

Parties

Applicant: Osculati Srl (Milan, Italy) (represented by: C. Bacchini, M. Mazzitelli, E. Rondinelli and L. Seri, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Olymp Bezner KG (Bietigheim-Bissingen, Germany)

Details of the proceedings before EUIPO

Applicant: Applicant before the General Court

Trade mark at issue: International registration designating the European Union in respect of the figurative mark O – International registration designating the European Union No 1 631 210

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 December 2023 in Case R 838/2023-4 corrected by corrigendum of 11 January 2024

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

uphold the opposition decision by which the opposition was rejected;

order EUIPO and Olymp Bezner KG to pay the costs, including those incurred in the proceeding before the Board of Appeal.

Pleas in law

Infringement of Article 102 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, also in conjunction with Article 59(2) of Rules of Procedure of the Boards of Appeal;

Infringement of Article 102 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, also in conjunction with Article 59(1) of Rules of Procedure of the Boards of Appeal;

Infringement of Article 102 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, also in conjunction with Article 59 of Rules of Procedure of the Boards of Appeal;

Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, also in conjunction with Article 54(1) of Rules of Procedure of the Boards of Appeal, and infringement of 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.

____________