Action brought on 15 December 2023 – Jacob Cohen Company v EUIPO – Giada (613)

(Case T-1159/23)

Language in which the application was lodged: Italian

Parties

Applicant: Jacob Cohen Company SpA (Milan, Italy) (represented by: L. Trevisan, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Giada SpA (Adria, 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 the EU word mark 613 – Application No 18 244 164

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 9 October 2023 in Case R 1439/2022-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order the rejection of the application for registration of the EU trade mark No 18 244 164 ‘613’ in respect of all the goods and services claimed;

order Giada SpA to pay the costs of the present proceedings and those of the previous opposition and appeal, including legal costs.

Pleas in law

Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 8(3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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