I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(2022/C 276/28)
Language in which the application was lodged: German
Applicant: Yayla Türk Lebensmittelvertrieb GmbH (Krefeld, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Marmara Import-Export GmbH (Ratingen, Germany)
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘Sütat’ — EU trade mark No 5 414 561
Proceedings before EUIPO: Invalidity proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 March 2022 in Case R 1184/2021-5
The applicant claims that the Court should:
—annul the contested decision;
—reject Marmara Import-Export GmbH’s application of 17 June 2020 for a declaration of invalidity in respect of EU trade mark No 44 583 C; in the alternative: refer the case back to EUIPO for a further hearing and decision;
—order the defendant to pay the costs of the proceedings, including those incurred in the proceedings before the Board of Appeal.
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the right to be heard.