17.4.2023

EN

Official Journal of the European Union

C 134/21

(Case T-112/23)

(2023/C 134/28)

Language in which the application was lodged: English

Parties

Applicant: Konings NV (Zonhoven, Belgium) (represented by: K. Neefs, S. de Potter and T. Baetens, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Manuel Busto Amandi, SA (Villaviciosa, Spain)

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 word mark MAY GOLD — European Union trade mark No 9 103 268

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 November 2022 in Case R 1778/2021-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision insofar as it upheld the decision of the Cancellation Division to reject the applicant’s action to revoke the trade mark for ‘Non-alcoholic drinks, namely non-alcoholic sparkling fruit juice drinks; fruit drinks and fruit juices’, which are goods in Class 32 of the Nice Agreement;

—order EUIPO to pay the costs or, alternatively if the other party intervenes in the proceedings, order the other party and EUIPO to be jointly held to pay the costs of the Applicant.

Pleas in law

—Infringement of Article 41(2)(c) of the Charter and of Articles 18, 58(1)(a) and 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 41(2)(a) of the Charter, of Articles 70(2) and 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 26(1) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Articles 18, 58(1)(a) and 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 55(1) of Commission Delegated Regulation (EU) 2018/625.