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Case T-73/22: Action brought on 8 February 2022 — Walsall Conduits v EUIPO — Liberty Engineering (Willenhall) (WALSALL CONDUITS)
ECLI:EU:UNKNOWN:62022TN0073
62022TN0073
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4.4.2022
Official Journal of the European Union
C 148/34
(Case T-73/22)
(2022/C 148/46)
Language in which the application was lodged: English
Parties
Applicant: Walsall Conduits Ltd (Liverpool, United Kingdom) (represented by: C. Bey, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Liberty Engineering (Willenhall) Ltd (London, United Kingdom)
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 word mark WALSALL CONDUITS — Application for registration No 16 369 944
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 22 November 2021 in Case R 575/2021-1
Form of order sought
The applicant claims that the Court should:
—uphold the action;
—annul the contested decision;
—hold the opposition well-founded and reject the contested trade mark application in its entirety; in the alternative, refer the case back to the Opposition Division of the EUIPO;
—order EUIPO and Shifter (Willenhall) Limited to pay the costs of proceedings, including the costs incurred by the applicant in the proceedings before the First Board of Appeal of the Office.
Pleas in law
—Infringement of Article 8(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 8(1) of Regulation (EC) No 207/2009 the Council;
—Infringement of Article 11(1), (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 9(3) of Regulation (EC) No 207/2009 the Council;
—Infringement of Articles 41(1) and 47(1), (2) of the European Union Charter of Fundamental Rights;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 8(1)(b) of Regulation (EC) No 207/2009 the Council.