Official Journal of the European Union

EN

Series C

C/2023/1171

4.12.2023

(Case T-1027/23)

(C/2023/1171)

Language in which the application was lodged: Spanish

Parties

Applicant: Fast Retailing Co. Ltd (Yamaguchi, Japan) (represented by: J.M. Mora Cortés, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gonarrue, SL (San Sebastián, Spain)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU figurative mark GU — Application No 18 226 269

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 July 2023 in Case R 0636/2022-2

Form of order sought

The applicant claims that the Court should:

—annul or revoke the contested decision in so far as it dismissed Case R 0636/2022-2, and therefore declare Case R 0636/2022-2 admissible, maintaining Case R 0636/2022-2 in the same state it was in on 28 March 2023, that is to say suspended pending the decision of the action for invalidity brought against EU mark No 18 199 789;

—order EUIPO to pay the costs, including those incurred during the proceedings before the Operations Department and before the First Board of Appeal of EUIPO.

Pleas in law

—Infringement of Article 102(1) and/or Article 103(1) and (2), in conjunction with Article 70(1), of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

—Infringement of Article 107 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

—Infringement of the general EU-law principle of legal certainty.

—Infringement of the general EU-law principle of equal treatment.

ELI: http://data.europa.eu/eli/C/2023/1171/oj

ISSN 1977-091X (electronic edition)