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Case T-160/22: Action brought on 25 March 2022 — 1906 Collins v EUIPO — Peace United (bâoli BEACH)
ECLI:EU:UNKNOWN:62022TN0160
62022TN0160
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23.5.2022
EN
Official Journal of the European Union
C 207/47
(Case T-160/22)
(2022/C 207/62)
Language in which the application was lodged: French
Parties
Applicant: 1906 Collins LLC (Miami, Florida, United States) (represented by: C. Mateu, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Peace United Ltd (London, United Kingdom)
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: EU figurative mark bâoli BEACH — EU trade mark No 16 552 333
Proceedings before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 20 January 2022 in Case R 223/2021-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—declare EU trade mark No 16 552 333 bâoli BEACH invalid on the basis of Article 59(1)(b) of Regulation (EU) 2017/1001;
—declare trade mark No 16 552 333 invalid as of the date of its filing;
—order Peace United to reimburse the fees and costs incurred by 1906 Collins in connection with the present proceedings, including the costs awarded by the Cancellation Division and the Board of Appeal of EUIPO, in accordance with Article 134(1) and Article 190 of the Rules of Procedure of the General Court.
Pleas in law
—Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.