Official Journal of the European Union

C 463/40

(Case T-752/21) (*)

(EU trade mark - Revocation proceedings - EU figurative mark quis ut Deus - Lack of genuine use of the mark - Article 58(1)(a) of Regulation (EU) 2017/1001)

(2022/C 463/57)

Language of the case: Portuguese

Parties

Applicant: Associação do Socorro e Amparo (Lisbon, Portugal) (represented by: J. Motta Veiga, lawyer)

Defendant: European Union Intellectual Property Office (represented by: I. Ribeiro da Cunha and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Duarte Pio De Bragança (Sintra, Portugal)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 October 2021 (Case R 581/2021-4).

Operative part of the judgment

The Court:

1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 October 2021 (Case R 581/2021-4) in so far as it annulled in part the decision of the Cancellation Division of 29 January 2021;

2.Dismisses the action as to the remainder;

3.Orders EUIPO to bear its own costs and to pay those incurred by Associação do Socorro e Amparo.

(*)

Language of the case: Portuguese

OJ C 37, 24.1.2022.