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Case T-226/21: Action brought on 27 April 2021 — Retail Royalty v EUIPO — Fashion Energy (Device of an eagle)
ECLI:EU:UNKNOWN:62021TN0226
62021TN0226
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14.6.2021
Official Journal of the European Union
C 228/41
(Case T-226/21)
(2021/C 228/54)
Language of the case: English
Parties
Applicant: Retail Royalty Co. (Las Vegas, Nevada, United States) (represented by: J. Bogatz and Y. Stone, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Fashion Energy Srl (Milano, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark (Device of an eagle) — European Union trade mark No 5 066 113
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 February 2021 in Case R 2813/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant.
Pleas in law
—Infringement of Articles 58(1)(a), 58(2) and 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and Article 19(1) of Commission Delegated Regulation (EU) 2018/625 in conjunction with Article 10(3) of Commission Delegated Regulation (EU) 2018/625;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.