Action brought on 22 April 2024 – SZ DJI Technology v EUIPO – Vision Research (PHANTOM)

(Case T-211/24)

Language in which the application was lodged: English

Parties

Applicant: SZ DJI Technology Co. Ltd (Shenzhen, China) (represented by: A. Renck, S. Petivlasova and A. Bothe, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Vision Research, Inc. (Wayne, New York, United States)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: International registration designating the European Union in respect of the word mark PHANTOM – International registration designating the European Union No 1 173 012

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 February 2024 in Case R 2125/2022-5

Form of order sought

The applicant claims that the Court should:

alter the contested decision, namely point 1 of its operative part, and decide that the trade mark at issue is maintained on the register for high speed cameras under Class 9;

in the alternative, partially annul the contested decision as regards points 1 and 4 of its operative part; and

order that the costs of the proceedings are borne by the defendant and the intervener, if any.

Plea in law

Infringement of Article 58(1)(a) and Article 58(2) in conjunction with Article 198(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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