Official Journal of the European Union

C 263/36

(Case T-275/21)

(2021/C 263/46)

Language of the case: English

Parties

Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, N. Parrotta and P.-Y. Gautier, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Norbert Wisniewski (Warsaw, Poland)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: International registration designating the European Union in respect of the figurative mark representing a chequerboard pattern — International registration designating the European Union No 986 207

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 February 2021 in Case R 1307/2020-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—alter the contested decision, by holding that the applicant has established acquired distinctiveness through use;

—order EUIPO to pay the costs incurred by the applicant during these proceedings;

—order Mr. Norbert Wisniewski to pay the costs incurred by the applicant during these proceedings.

Plea in law

—Infringement of Articles 7(3) and 59(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.