5.9.2022

Official Journal of the European Union

C 340/52

(Case T-436/22)

(2022/C 340/71)

Language in which the application was lodged: English

Parties

Applicant: Veronika Machková (Šestajovice, Czech Republic) (represented by: M. Balcar, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Aceites Almenara, SL (Puebla de Almenara, Spain)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union figurative mark ALMARA SOAP — Application for registration No 18 198 833

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 25 April 2022 in Case R 1613/2021-1

Form of order sought

The applicant claims that the Court should:

—reject the contested decision for all the contested goods;

—in the alternative, return the case to EUIPO for a new assessment;

—order that the European Union trade mark application No 18 198 833 is recorded in the Register in accordance with the provisions of Article 51, paragraph 1 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—order Aceites Almenara, SL to bear the costs of the opposition, fixed at EUR 620;

—order Aceites Almenara to bear the costs of the appeal, fixed at EUR 720;

—order Aceites Almenara to bear the costs of this action.

Pleas in law

—Infringement of Article 10(1) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.