3.1.2022

EN

Official Journal of the European Union

C 2/51

(Case T-716/21)

(2022/C 2/70)

Language of the case: English

Parties

Applicant: Katarzyna Kaczorowska (Warsaw, Poland) (represented by: P. Kurcman, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Groupe Marcelle Inc. (Lachine, Quebec, Canada)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark MAESELLE– Application for registration No 18 131 833

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 September 2021 in Case R 670/2021-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—annul the decision of Opposition Division dated 15/02/2021 in opposition proceedings No B 3 108 583 with respect to all the goods and services for which the opposition has been upheld;

—refer the case back to EUIPO so it can amend the decision on the substance of the case and register the trade mark at issue in respect of all the goods and services covered, without prejudice to those which are uncontested;

—order EUIPO to pay the costs of the proceedings before the Opposition Division, Board of Appeal and General Court.

Plea in law

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