Action brought on 28 November 2023 – Summerbird v EUIPO – Puratos (AMBER)

(Case T-1121/23)

Language in which the application was lodged: English

Parties

Applicant: Summerbird A/S (Assens, Denmark) (represented by: M. Bartholdy, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Puratos (Groot-Bijgaarden, Belgium)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark AMBER – European Union trade mark No 18 063 071

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 September 2023 in Case R 1816/2022-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision to the extent that it found the trade mark at issue to be descriptive, and reject the request for invalidity of the trade mark at issue in its entirety or at least partially;

in the alternative, refer the case back to the EUIPO for renewed decision;

order the Board of Appeal to bear its own costs and to pay those incurred by the applicant, including the expenses necessarily incurred for the purpose of the appeal proceedings before the Board of Appeal of EUIPO.

Plea in law

Infringement of Articles 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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