18.10.2021

EN

Official Journal of the European Union

C 422/35

(Case T-547/21)

(2021/C 422/46)

Language of the case: English

Parties

Applicant: Rochem Group AG (Zug, Switzerland) (represented by: K. Guridi Sedlak, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Rochem Marine Srl (Genoa, Italy)

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 R.T.S. ROCHEM Technical Services — European Union trade mark No 12 313 797

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 June 2021 in Case R 1545/2019-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—stay the proceeding until a final judgement has been taken in the proceeding before the court of Milan against the Italian trade mark 933481 ROCHEM MARINE (fig.);

—in the alternative, annul the contested decision, ordering that the Board of Appeal of the EUIPO renders a new decision, refusing the declaration of invalidation filed against the European Union trade mark registration No 12 313 797 R.T.S. ROCHEM Technical Services (word) against the classes 11 and 40;

—order EUIPO and the other party to the proceedings before the Board of Appeal, should the latter appear before the Court, to bear their own costs and the fees and costs of the applicant.

Plea in law

—Infringement of Articles 18 and 64(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.