27.3.2023

EN

Official Journal of the European Union

C 112/44

(Case T-58/23)

(2023/C 112/57)

Language in which the application was lodged: English

Parties

Applicant: Supermac’s (Holdings) Ltd (Galway, Ireland) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: McDonald’s International Property Co. Ltd (Chicago, Illinois, United States)

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 BIG MAC — European Union trade mark registration No 62 638

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 December 2022 in Case R 543/2019-4

Form of order sought

The applicant claims that the Court should:

—annul the point 1 of the operative part of the contested decision in so far as it concerns:

—‘foods prepared from meat and poultry products, meat sandwiches, chicken sandwiches’ in Class 29 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

—‘edible sandwiches, chicken sandwiches’ in Class 30;

—‘services rendered or associated with operating restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities; preparation of carry-out foods’ in Class 42.

—alter the contested decision to the effect that McDonald’s appeal is dismissed for all goods and services with the exception of ‘meat sandwiches’ in Class 30;

—order EUIPO and, if McDonald’s intervenes, the McDonald’s International Property Company, Ltd. to pay the costs of the proceedings.

Plea in law

—Infringement of Article 51(1)(a) of Council Regulation (EC) 207/2009.