Official Journal of the European Union

C 235/61

(Case T-245/23)

(2023/C 235/74)

Language in which the application was lodged: English

Parties

Applicant: Braunschweiger Versorgungs AG & Co. KG (Braunschweig, Germany) (represented by: C. Drzymalla, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: B.F. Energy Srl (Rome, Italy)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union trade mark BF energy — Application for registration No 18 336 443

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 17 February 2023 in Case R 1646/2022-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—reject the application for the trade mark at issue;

—order EUIPO and the other party to pay the costs, including the costs of proceedings before the Board of Appeal.

Pleas in law

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the level of attention of the public at large;

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the visual, aural and conceptual similarity of the signs;

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the overall assessment of the likelihood of confusion.