I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2021/C 338/32)
Language of the case: English
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)
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
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.
—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.