22.2.2021

Official Journal of the European Union

C 62/45

(Case T-3/21)

(2021/C 62/57)

Language in which the application was lodged: German

Parties

Applicant: Power Horse Energy Drinks GmbH (Linz, Austria) (represented by: M. Woller, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Robot Energy Europe (Mijas, Spain)

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 word mark UNSTOPPABLE — EU trade mark No 14 555 271

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 October 2020 in Case R 232/2020-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in so far as it dismisses the appeal brought by the applicant in relation to the goods:

—Class 5: Nutritional supplements; Health food supplements made principally of vitamins; Powdered nutritional supplement drink mix; Vitamin preparations in the nature of food supplements; Vitamin drinks; Vitamin preparations; Vitamin tablets; Vitamins and vitamin preparations;

—Class 32: Non-alcoholic beverages containing fruit juices; Energy drinks; Protein-enriched sports beverages; Sports drinks;

—and in so far as it orders the applicant to bear the costs of the invalidity proceedings and of the appeal proceedings;

—order EUIPO and the other party to the appeal proceedings, should it intervene in the proceedings, to pay the applicant’s costs.

Pleas in law

—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.