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Case T-358/21: Action brought on 25 June 2021 — Hotel Cipriani v EUIPO — Altunis (CIPRIANI FOOD)

ECLI:EU:UNKNOWN:62021TN0358

62021TN0358

June 25, 2021
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23.8.2021

EN

Official Journal of the European Union

C 338/25

(Case T-358/21)

(2021/C 338/32)

Language of the case: English

Parties

Applicant: Hotel Cipriani (Venice, Italy) (represented by: M. Rieger-Jansen, D. Op de Beeck and W. Pors, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Altunis-Trading, Gestão e Serviços, Lda (Funchal, Portugal)

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 CIPRIANI FOOD — European Union trade mark No 683 250

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 April 2021 in Case R 1599/2020-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision in its entirety;

uphold the cancellation action in full and revoke the contested European Union trade mark;

order EUIPO and any intervener who chooses to intervene to bear their own costs of the proceedings and to pay those of the cancellation applicant.

Pleas in law

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 15 of Council Regulation (EC) No 207/2009;

The Board erred by holding that ‘preparations made from cereals’ could not be suitably subdivided.

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