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Case T-267/22: Action brought on 16 May 2022 — Consulta v EUIPO — Karlinger (ACASA)
ECLI:EU:UNKNOWN:62022TN0267
62022TN0267
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4.7.2022
EN
Official Journal of the European Union
C 257/41
(Case T-267/22)
(2022/C 257/53)
Language in which the application was lodged: German
Parties
Applicant: Consulta GmbH (Cham, Switzerland) (represented by: M. Kinkeldey and S. Brandstätter, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Mario Karlinger (Sölden, Austria)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ACASA — EU trade mark No 7 587 165
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 24 January 2022 in Case R 487/2021-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 59(1)(a) read in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 72(2) read in conjunction with Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principles developed in the case-law of the General Court of the European Union on the interpretation of those provisions of Regulation (EU) 2017/1001 of the European Parliament and of the Council.