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Case T-518/22: Action brought on 26 August 2022 — GKP v EUIPO — Cristalfarma (TIARA RUBIS)
ECLI:EU:UNKNOWN:62022TN0518
62022TN0518
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17.10.2022
EN
Official Journal of the European Union
C 398/33
(Case T-518/22)
(2022/C 398/40)
Language in which the application was lodged: English
Parties
Applicant: GKP GmbH (Ehrenhausen an der Weinstraße, Austria) (represented by: I. Hödl, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Cristalfarma Srl (Milan, Italy)
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 word mark TIARA RUBIS — Application for registration No 18 205 571
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 2 June 2022 in Case R 1878/2021-2
Form of order sought
The applicant claims that the Court should:
—annul paragraph 2 of the operative part of the contested decision;
—uphold in its entirety paragraph 1 of the operative part of the contested decision; and
—order EUIPO and the intervener to pay the costs, including the costs of the earlier stages of the proceedings.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in respect of certain services in class 35;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in respect of goods in class 5 and certain services.