Official Journal of the European Union

C 237/65

(Case T-219/22)

(2022/C 237/84)

Language in which the application was lodged: English

Parties

Applicant: Wallmax Srl (Milan, Italy) (represented by: F. Ferrari, L. Goglia and G. Rapaccini, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Roxtec AB (Karlskrona, Sweden)

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: European Union figurative mark (Representation of a blue square containing eight concentric black circles) — European Union trade mark No 7 376 023

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 February 2022 in Case R 1093/2021-2

Form of order sought

The applicant claims that the Court should:

—partially annul the contested decision, in the part in which the Second Board of Appeal holds that the contested trademark is not invalid pursuant to Article 7(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council for the following goods: Class 6 — Cable and pipe penetration seals, made from metal; sealing frames made from metal; Class 17 — Sealing frames, made from plastic or rubber; Class 19 — Non-metallic rigid pipes for building; non-metallic sealing frames;

—partially annul the contested decision, in the part in which the Second Board of Appeal annulled the Cancellation Division’s decision in relation to the decision on costs;

—as a consequence of the above, uphold EUIPO’s Cancellation Division decision rendered on 23 April 2021;

—order EUIPO to pay the costs of the present proceedings.

Plea in law

—Infringement of Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.