EN

Official Journal of the European Union

C 471/54

(Case T-609/21)

(2021/C 471/77)

Language of the case: English

Parties

Applicant: Privatbrauerei Eichbaum GmbH & Co. KG (Mannheim, Germany) (represented by: M. Schmidhuber and E. Levenson, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Anchor Brewing Company LLC (San Francisco, California, United States)

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 word mark STEAM — European Union trade mark No 5 435 375

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 July 2021 in Case R 780/2020-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision to the extent that it dismissed the appeal against the decision of the Cancellation Division relating to the goods ‘beer, alcoholic beer’ in Class 32 and;

—alter the contested decision by declaring the European trade mark registration STEAM No 5 435 375 revoked in its entirety and;

—order EUIPO to bear the costs of the proceedings.

Pleas in law

—Infringement of Article 58(1)(a) in conjunction with Article 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 94(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 94(1), second sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council.