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EN
(Case T-163/22)
(2022/C 207/63)
Language in which the application was lodged: Italian
Applicant: Transformers Manufacturing Company Pty Ltd (Melbourne, Australia) (represented by: F. Caricato, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: H&F Srl (Milan, Italy)
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for the EU figurative mark TMC TRANSFORMERS — Application for registration No 17 262 668
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 February 2022 in Case R 1211/2021-5
The applicant claims that the Court should:
—first of all and principally, acknowledge H&F Srl’s lack of capacity and declare the proceedings at first and second instance before EUIPO inadmissible;
—alter the contested decision on the ground that it is unfounded in fact and law and based on insufficient reasoning;
—in the alternative, overturn the contested decision on the ground that it is unfounded in fact and law and refer the action back to EUIPO;
—order EUIPO and the intervener to pay the costs for the three stages of legal proceedings.
—Lack of capacity to bring proceedings on the part of H&F Srl, a matter on which EUIPO did not rule and for which it did not provide sufficient reasons;
—Incorrect assessment of the likelihood of confusion (Article 8 of Regulation No 207/2009) in fact and in law;
—Failure to state sufficient reasons for the contested decision.