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Case T-602/21: Action brought on 20 September 2021 — Kubara v EUIPO (good calories)
ECLI:EU:UNKNOWN:62021TN0602
62021TN0602
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15.11.2021
EN
Official Journal of the European Union
C 462/57
(Case T-602/21)
(2021/C 462/69)
Language of the case: Polish
Parties
Applicant: Kubara sp. z o.o. (Częstochowa, Poland) (represented by: A. Suskiewicz, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for EU figurative mark good calories — Application No 18 193 512
Contested decision: Decision of the First Board of Appeal of EUIPO of 14 July 2021 in Case R 2167/2020-1
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 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the principle of the protection of legitimate expectations and of the principle of legal certainty arising from the registration by EUIPO of the signs ‘Fit calories’ and ‘GREEN CALORIES’ as EU trade marks;
—Failure on the part of the First Board of Appeal of EUIPO to conduct a full analysis of the list of goods and services for which registration of the trade mark at issue was refused.