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Case T-773/22: Action brought on 12 December 2022 — Contorno Textil v EUIPO — Harmont & Blaine (GILBERT TECKEL)
ECLI:EU:UNKNOWN:62022TN0773
62022TN0773
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6.2.2023
EN
Official Journal of the European Union
C 45/24
(Case T-773/22)
(2023/C 45/32)
Language in which the application was lodged: English
Parties
Applicant: Contorno Textil, SL (Almedinilla, Spain) (represented by: E. Sugrañes Coca and C. Sotomayor Garcia, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Harmont & Blaine SpA (Caivano, Italy)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark GILBERT TECKEL — Application for registration No 18 148 635
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 10 October 2022 in Case R 372/2022-4
Form of order sought
The applicant claims that the Court should:
—alter the contested decision by stating that application for registration no 18 148 635 must be granted for all goods in class 25 due to the lack of likelihood of confusion between the trade marks under comparison, after giving due consideration to the differences between the signs;
—order EUIPO to pay the costs; or, in the alternative,
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principles of equal treatment and legal certainty.