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Case T-102/22: Action brought on 22 February 2022 — Transgourmet Ibérica v EUIPO — Aldi (Gourmet)
ECLI:EU:UNKNOWN:62022TN0102
62022TN0102
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19.4.2022
EN
Official Journal of the European Union
C 165/40
(Case T-102/22)
(2022/C 165/48)
Language in which the application was lodged: English
Parties
Applicant: Transgourmet Ibérica, SAU (Gerona, Spain) (represented by: C. Duch Fonoll and I. Osinaga Lozano, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union figurative mark Gourmet — European Union trade mark No 8 143 653
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 December 2021 in Case R 862/2021-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in its entirety;
—remit the case back to the Board of Appeal to give final judgment and
—order the EUIPO and the intervener to bear their own costs and to pay those incurred by the appellant in the present proceedings and in the appeal and first instance proceedings.
Pleas in law
—Infringement of Article 3 of Directive (EU) 2015/2436 of the European Parliament and of the Council and the case-law related;
—Infringement of Article 64(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 10(4) of Commission Delegated Regulation (EU) 2018/625 and case-law related;
—Infringement of Article 64(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 18(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.