Action brought on 10 May 2024 – Cosmetika v EUIPO – Laboratoires Svr (LOTO DEL SVR)

(Case T-244/24)

Language in which the application was lodged: English

Parties

Applicant: Cosmetika S.A.S. (Bogotá, Colombia) (represented by: C. Duch Fonoll and S. Sáenz de Ormijana Rico, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Laboratoires Svr (Le Plessis-Pâté, France)

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 figurative mark LOTO DEL SVR – Application for registration No 17 999 190

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 March 2024 in Case R 135/2023-5

Form of order sought

The applicant claims that the Court should:

Annul the contested decision;

Remit the case to the Board of Appeal;

In the alternative, alter the contested decision and dismiss the opposition in its entirety; and, in any event,

Order EUIPO and the intervener, if any, to bear their own costs and to pay those incurred by the applicant in the present proceedings, as well as in the appeal and first instance proceedings.

Pleas in law

Infringement of Article 95 of Regulation (EU) 2017/1001 of the European Parliament and of the Council read in conjunction with Article 27(2) and 27(4) of Commission Delegated Regulation (EU) 2018/625;

Infringement of Article 94(1) of Regulation 2017/1001 and Article 41(2) of the Charter of Fundamental Rights of the European Union;

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

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