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Case T-28/21: Action brought on 20 January 2021 — Apple v EUIPO — Swatch (THINK DIFFERENT)
ECLI:EU:UNKNOWN:62021TN0028
62021TN0028
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15.3.2021
Official Journal of the European Union
C 88/37
(Case T-28/21)
(2021/C 88/49)
Language of the case: English
Parties
Applicant: Apple Inc. (Cupertino, California, United States) (represented by: I. Junkar, I. Fowler, M. Petersenn and B. Lüthge, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Swatch AG (Biel, Switzerland)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark THINK DIFFERENT — European Union trade mark No 4 415 063
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 4 November 2020 in Case R 2013/2018-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order that the costs of the proceedings be borne by the defendant and by the other party to the proceedings before the Board of Appeal if it joins as intervener.
Pleas in law
—Infringement of Article 58(1)(a) in conjunction with Article 18 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.