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Case T-552/21: Action brought on 6 September 2021 — Worldwide Brands v EUIPO — Guangyu Wan (CAMEL)

ECLI:EU:UNKNOWN:62021TN0552

62021TN0552

September 6, 2021
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25.10.2021

EN

Official Journal of the European Union

C 431/52

(Case T-552/21)

(2021/C 431/61)

Language of the case: English

Parties

Applicant: Worldwide Brands, Inc. Zweigniederlassung Deutschland (Cologne, Germany) (represented by: R. Ahijón Lana and J. Gracia Albero, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Eric Guangyu Wan (Vancouver, British Columbia, Canada)

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 word mark CAMEL — European Union trade mark No 1 015 593

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 5 July 2021 in Case R 1548/2020-1

Form of order sought

The applicant claims that the Court should:

partially annul the contested decision to the extent that it upheld the appeal filed by the intervener and rejected the application for a declaration for revocation in relation to ‘shirts’;

order EUIPO to bear the costs of the present proceedings, including the costs deriving from the proceedings before the Cancellation Division and the First Board of Appeal.

Pleas in law

Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;

Infringement of Article 58(1)(a) in conjunction with Article 18(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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