15.11.2021

Official Journal of the European Union

C 462/54

(Case T-591/21)

(2021/C 462/66)

Language of the case: English

Parties

Applicant: Apart sp. z o.o. (Suchy Las, Poland) (represented by: J. Gwiazdowska, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: S. Tous, SL (Manresa, 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 figurative mark (Representation of the outline of a bear) –European Union trade mark No 8 127 128

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 July 2021 in Case R 222/2020-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision as a whole and alter the decision by invalidating the contested trademark no. 8 127 128;

—alternatively, annul the contested decision as a whole and refer of the case back to the Board of Appeal;

—order EUIPO and S.TOUS, S.L. to pay the costs of the appeal proceedings and those of the proceedings before the General Court.

Pleas in law

—Infringement of Article 7(1)(b) of Council Regulation (EC) No 207/2009;

—Infringement of Article 7(1)(e)(i) and (iii) of Council Regulation (EC) No 207/2009;

—Infringement of Article 7(1)(d) of Council Regulation (EC) No 207/2009;

—Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by lack of reasons on which the assumptions about the shape of the contested trade mark are based;

—Infringement of Articles 20, 41(1) and 2(a) and (c) of the Charter of Fundamental Rights of the European Union, in particular the right to be heard, the obligation of the administration ti give reasons for its decision, the principles of good administration, legal certainty and equal treatment.