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Case T-27/23: Action brought on 30 January 2023 — Feed v EUIPO — The Feed.com (THE FEED)
ECLI:EU:UNKNOWN:62023TN0027
62023TN0027
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13.3.2023
EN
Official Journal of the European Union
C 94/60
(Case T-27/23)
(2023/C 94/73)
Language in which the application was lodged: French
Parties
Applicant: Feed SA (Paris, France) (represented by: V. Bouchara and A. Maier, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: The Feed.com, Inc. (Broomfield, Colorado, United States)
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: EU word mark THE FEED — EU trade mark No 12 392 651
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 November 2022 in Case R 1905/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as:
1.it states that use of the mark THE FEED number 12 392 651 has been demonstrated for ‘online retail store services in connection with meal replacement foods, energy foods, nutritional bars, gels, mixes, supplements and beverages; sales of meal replacement foods, energy foods, nutritional bars, gels, mixes, supplements and beverages’;
2.it dismissed the action for revocation brought by the applicant in respect of the abovementioned services;
—refer the case back to the EUIPO for a declaration of revocation of the mark THE FEED number 12 392 651 for ‘online retail store services in connection with meal replacement foods, energy foods, nutritional bars, gels, mixes, supplements and beverages; sales of meal replacement foods, energy foods, nutritional bars, gels, mixes, supplements and beverages’;
—order EUIPO and The Feed.com, Inc. jointly and severally to reimburse the costs incurred by Feed SA in the context of the present proceedings and in the proceedings before EUIPO.
Plea in law
Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.