9.1.2023

EN

Official Journal of the European Union

C 7/40

(Case T-670/22)

(2023/C 7/49)

Language in which the application was lodged: English

Parties

Applicant: Calrose Rice EOOD (Sofia, Bulgaria) (represented by: H. Raychev, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ricegrowers Ltd (Leeton, New South Wales, Australia)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark (Device of a sun with arabic characters) — European Union trade mark No 18 186 653

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 29 August 2022 in Case R 272/2022-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO and the intervener in the present proceedings to bear their own costs and to pay the Applicant’s costs of these proceedings, as well as the costs of the appeal procedure before the Fifth Board of Appeal.

Pleas in law

—The Board erred in finding that the compared signs are visually similar to a high degree;

—the Board was wrong to focus its conclusions regarding the visual comparison of the signs exclusively on the Arabic language wording and the stylised sun devices contained in the conflicting marks;

—the Board assessed the level of attention of the relevant public in a contradictory manner throughout the decision and therefore infringed its obligations under the first sentence of Art. 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.