Official Journal of the European Union

Series C

C/2023/230

(Case T-563/23)

(C/2023/230)

Language in which the application was lodged: French

Parties

Applicant: Pernod Ricard (Paris, France) (represented by: T. de Haan and S. Vandezande, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: West End Drinks Ltd (London, United Kingdom)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for the EU figurative mark The King of Soho — Application No 17 931 478

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 June 2023 in Case R 1380/2022-5

Form of order sought

The applicant claims that the Court should:

—principally, alter the contested decision by holding that the action brought by West End Drinks before the Board of Appeal of EUIPO is dismissed;

—in the alternative, annul the contested decision;

—order EUIPO and the intervener to pay the costs, including the costs incurred by the applicant in the proceedings before the Fifth Board of Appeal of EUIPO.

Pleas in law

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 41(1) and (2) of the Charter of Fundamental Rights of the European Union.

ELI: http://data.europa.eu/eli/C/2023/230/oj

ISSN 1977-091X (electronic edition)