Judgment of the General Court of 28 February 2024 – Atomico Investment v EUIPO – Gomes Tominaga (atomic fund)
(Case T-98/23) 1
(EU trade mark – Opposition proceedings – Application for the EU figurative mark atomic fund – Earlier EU word mark ATOMICO – Lack of evidence of the reputation of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001 – Remittal of the case to the Opposition Division)
Language of the case: English
Parties
Applicant: Atomico Investment Holdings Ltd (Road Town, British Virgin Islands) (represented by: S. Malynicz, Barrister-at-Law)
Defendant: European Union Intellectual Property Office (represented by: P. Georgieva, D. Gája and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Augusto Gomes Tominaga (Amsterdam, Netherlands)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 December 2022 (Case R 324/2022-2).
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Atomico Investment Holdings Ltd to pay the costs.
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1 OJ C 127, 11.4.2023.