Official Journal of the European Union

Series C

C/2024/1106

5.2.2024

(Case T-1140/23)

(C/2024/1106)

Language in which the application was lodged: English

Parties

Applicant: Ferrero Deutschland GmbH (Frankfurt am Main, Germany) (represented by: M. Kefferpütz and K. Wagner, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’ (Kyiv, Ukraine)

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 figurative mark ROSHEN CONFECTIONERY CORP. — Application for registration No 18 026 424

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 October 2023 in Case R 2428/2022-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and reject the trade mark application at issue in its entirety;

—order EUIPO and the other party to the proceedings before the Board of Appeal, in case that the latter decides to intervene, to bear their own costs;

—order EUIPO and the other party to the proceedings before the Board of Appeal, in case that the latter decides to intervene, to pay the costs incurred by the applicant;

—in the alternative, remit the case to the Board of Appeal.

Pleas in law

—Erroneous admission of evidence;

—Incomplete determination of the relevant public;

—Misjudgement of the use of ‘Rocher’ as an independent trade mark;

—Misjudgement of the independent distinctive character of ‘Rocher’ within ‘Ferrero Rocher’;

—Failure to establish the presence of a likelihood of confusion.

ELI: http://data.europa.eu/eli/C/2024/1106/oj

ISSN 1977-091X (electronic edition)