19.9.2022

EN

Official Journal of the European Union

C 359/96

(Case T-488/22)

(2022/C 359/117)

Language in which the application was lodged: German

Parties

Applicant: Kaufdas.online sp. z o.o. (Gubin, Poland) (represented by: P. Kurcman, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Kaufland Dienstleistung GmbH & Co. KG (Neckarsulm, Germany)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark KAUFDAS ONLINE — Application No 18 113 140

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 30 May 2022 in Case R 1972/2021-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—annul the decision of the Opposition Division of 28 September 2021 in the opposition proceedings No B 3 106 146 in relation to all of the goods and services in respect of which the opposition was upheld;

—refer the case back to EUIPO so it can amend the decision on the substance of the case and register EU trade mark No 18 113 140 for all of the goods and services concerned, without prejudice to those that are uncontested;

—order EUIPO to pay the costs of the proceedings before the Opposition Division, Board of Appeal and General Court.

Plea in law

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