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.
____________