Action brought on 20 October 2023 – momox/EUIPO – Nyky (momox FASHION)

(Case T-1043/23)

Language in which the application was lodged: English

Parties

Applicant: momox SE (Berlin, Germany) (represented by: U. Lüken, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Nyky Srl (Silea, Italy)

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 momox FASHION – Application for registration No 18 443 419

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 17 August 2023 in Case R 139/2023-1

Form of order sought

The applicant claims that the Court should:

stay the proceedings until a final decision in the cancellation proceedings against the Italian trademark No. 2018000009023 has been issued;

annul the contested decision to the extent its application for registration was rejected;

order EUIPO to pay the costs.

Plea in law

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

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