Official Journal of the European Union

C 121/12

(Case T-74/23)

(2023/C 121/16)

Language in which the application was lodged: English

Parties

Applicant: Oriflame Cosmetics AG (Schaffhausen, Switzerland) (represented by: N. Gerling and U. Pfleghar, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Caramé Holding AG (Sulzbach, 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: International registration designating the European Union in respect of a figurative mark (Representation of a stylised O) — International registration designating the European Union No 1 303 496

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 December 2022 in Case R 938/2022-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and the decision of the Opposition Division of EUIPO of 4 April 2022 and refuse international registration designating the European Union No 1 303 496;

—Order EUIPO and the intervener to pay the costs incurred by the applicant in addition to bearing their own costs.

Pleas in law

—Infringement of Article 47(2) and (3) of Regulation (EU) 2007/1001 of the European Parliament and of the Council;

—Infringement of Article 10(2) of Commission Delegated Regulation (EU) 2018/625.