6.2.2023

EN

Official Journal of the European Union

C 45/26

(Case T-779/22)

(2023/C 45/35)

Language in which the application was lodged: German

Parties

Applicant: Transport Werk GmbH (Offenbach am Main, Germany) (represented by: D. Donath, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Haus & Grund Deutschland Zentralverband der Deutschen Haus-, Wohnungs- und Grundeigentümer e.V. (Berlin, Germany)

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 Haus & Grund — EU trade mark No 7 161 052

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 October 2022 in Case R 84/2022-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to cancel EU word mark No 7 161 052 ‘Haus & Grund’ from the EU trade mark register for all goods and services in Classes 9, 16, 35, 36, 38, 42 and 45, namely:

Class 9: Data carriers; computer software for the buying, selling, administration, rental, construction and management of buildings, installations and facilities;

Class 16: Printed matter;

Class 35: Advertising; business management services; business administration; business consultancy and advisory services; office functions; research, collation and systematic compilation of news, including court judgements and decisions and regulations of all kinds;

Class 36: Real estate affairs; expert opinions in connection with insurance, financial affairs, real estate affairs and monetary affairs;

Class 38: News agencies, including court judgements and decisions and regulations of all kinds;

Class 42: Expert technical opinions; technical consultancy; creation of computer software for the buying, selling, rental, construction, administration and management of buildings, installations and equipment; creation of computer software to optimise the operation, cost-effectiveness, utilisation, marketing and value retention of property and equipment;

Class 45: Legal services;

—order EUIPO to pay the costs.

Pleas in law

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

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