26.6.2023

EN

Official Journal of the European Union

C 223/40

(Case T-239/23)

(2023/C 223/53)

Language in which the application was lodged: English

Parties

Applicants: Comité interprofessionnel du vin de Champagne (Épernay, France), Institut national de l’origine et de la qualité (INAO) (Montreuil, France) (represented by: E. Varese, G. Righini and V. Mazza, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Nero Hotels Srl (Milan, Italy)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union trade mark NERO CHAMPAGNE — Application for registration No 18 024 731

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 17 February 2023 in Case R 531/2022-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision, except to the extent the application for the trade mark at issue was rejected also for services in Class 35;

—reject the application for the trade mark at issue for the goods and services concerned in Classes 33, 35 and 41 or, alternatively, refer the case back to another Board of Appeal for reconsideration;

—order the defendant and the other party to the proceedings before the Board of Appeal, should the latter intervene before the Court, to bear their own costs, as well as the fees and costs of the applicants incurred in the proceedings before the Opposition Division and the Second Board of Appeal, in accordance with Article 134(1) of the Rules of Procedure of the General Court.

Pleas in law

—Infringement of Article 8(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 103(2)(a)(ii) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council;

—Infringement of Article 8(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 103(2)(a)(i) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council;

—Infringement of Articles 263 and 296 TFEU and of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of the principles of equal treatment and sound administration.