EN

Official Journal of the European Union

C 109/24

(Case T-785/21)

(2022/C 109/33)

Language of the case: English

Parties

Applicant: SC Ha Ha Ha Production SRL (Calinesti, Romania) (represented by: O. Anghel, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: The Smiley Company SPRL (Brussels, Belgium)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union word mark SMILEY — Application for registration No 17 569 641

Procedure before EUIPO: Opposition proceedings

Contested decisions: Decision of the Fifth Board of Appeal of EUIPO of 23 September 2021 in Case R 2936/2019-5 relative to the revocation of its decision issued on 15 January 2021 and Decision of the Fifth Board of Appeal of EUIPO of 21 October 2021 in Case R 2936/2019-5

Form of order sought

The applicant claims that the Court should:

—set aside of the decision of the Fifth Board of Appeal of EUIPO of 23 September 2021 relative to the revocation of its Decision of 15 January 2021;

—set aside of the decision of the Fifth Board of Appeal of 21 October 2021 in order to register the requested European trade mark, SMILEY no. 17 569 641, for the class of products and services 41;

—order the defendant and, if appropriate, the other party to the proceedings before the Board of Appeal, to pay the costs of the proceedings, including the costs incurred during the appeal proceedings.

Pleas in law

—Infringement of Article 103 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

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

—Infringement of the general principles of EU law.