11.4.2023

Official Journal of the European Union

C 127/51

(Case T-80/23)

(2023/C 127/62)

Language in which the application was lodged: English

Parties

Applicant: Beauty Biosciences LLC (Dallas, Texas, United States) (represented by: D. Mărginean, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Société de Recherche Cosmétique SARL (Luxembourg, Luxembourg)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union word mark BEAUTYBIO — European Union trade mark No 16 919 342

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 December 2022 in Case R 1038/2022-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in the sense of rejecting the application for a declaration of invalidity in its entirety and maintain the contested trademark registered for all the registered goods in Class 3;

—alter the contested decision it in the sense of rejecting the application for a declaration of invalidity in its entirety and maintain the contested trademark registered for all the registered goods in Class 3;

—order Société de Recherche Cosmétique SARL to pay the costs incurred by Beauty Biosciences LLC in the present action, in the proceedings before the Board of Appeals and in the proceedings before the Cancellation Division.

Pleas in law

—Infringement of Article 59(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council corroborated with Article 7(1)(c) of that Regulation;

—Infringement of Article 59(1)(a) Regulation (EU) 2017/1001 of the European Parliament and of the Council corroborated with Article 7(1)(b) of that Regulation.