19.7.2021

EN

Official Journal of the European Union

C 289/40

(Case T-281/21)

(2021/C 289/56)

Language of the case: English

Parties

Applicant: Nowhere Co. Ltd (Tokyo, Japan) (represented by: R. Kunze, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Junguo Ye (Elche, Spain)

Details of the proceedings before EUIPO

Applicant of the trademark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark APE TEES in colours black and brown — Application for registration No 14 319 578

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 February 2021 in Case R 2474/2017-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to pay the costs, including those incurred before the Board of Appeal as well as the Opposition Division.

Plea in law

—Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.