Official Journal of the European Union

EN

C series

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C/2025/2917

(Case T-251/25)

(C/2025/2917)

Language in which the application was lodged: Polish

Parties

Applicant: Grzegorz Mordalski (Działoszyn, Poland) (represented by: A. Korbela, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Anita Food, SA (Lima, Peru)

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 ‘ANITA’ – EU trade mark No 8 109 993

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 5 February 2025 in Case R 1567/2024-4

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fourth Board of Appeal of EUIPO of 5 February 2025 in Case R 1567/2024-4, dismissing the appeal; and also

—annul the decision of EUIPO’s Cancellation Division of 7 June 2024 in Case 47 087 C (preceding the abovementioned decision), which rejected the application for a declaration of invalidity of the EU word and figurative mark ANITA No 8 109 993; and

—refer back to the EUIPO for reconsideration the application dated 1 November 2020 for a declaration of invalidity of the registration of the EU word and figurative mark No 8 109 993, registration of which was sought on 18 February 2009 and which was protected until 18 February 2019, registered in the name and on behalf of Anita Food S.A;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of Article 60(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of the second sentence of recital 3 of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks, (<span class="oj-super oj-note-tag">1</span>), which ensures that ‘Trade mark protection in the Member States coexists with protection at Union level’ – whereas, as a result of the interpretation of the law made in the contested decision, the protection of a trade mark available at EU level excludes the protection of a trade mark in a Member State;

—Infringement of Article 7 of the Treaty on the Functioning of the European Union.

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Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1).

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ELI: http://data.europa.eu/eli/C/2025/2917/oj

ISSN 1977-091X (electronic edition)

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