18.9.2023

Official Journal of the European Union

C 329/39

(Case T-473/23)

(2023/C 329/57)

Language in which the application was lodged: English

Parties

Applicant: Bartex Bartol sp. z o.o sp. k. (Nowy Tomyśl, Poland) (represented by: A. Gierczak, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Grupa Chorten (Białystok, Poland)

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 duch puszczy — European Union trade mark No 15 668 213

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 17 Mai 2023 in Case R 1450/2022-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings and reimburse the applicant’s costs.

Pleas in law

—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 54(1) of the Rules of Procedure of the Boards of Appeal;

—Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 52 of the Rules of Procedure of the Boards of Appeal and with Article 16(2) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Article 16(2) of Commission Delegated Regulation (EU) 2018/625 and of Article 52 of the Rules of Procedure of the Boards of Appeal.