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Case T-194/22: Action brought on 14 April 2022 — Zelmotor v EUIPO — B&B Trends (zelmotor)
ECLI:EU:UNKNOWN:62022TN0194
62022TN0194
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7.6.2022
Official Journal of the European Union
C 222/34
(Case T-194/22)
(2022/C 222/56)
Language in which the application was lodged: Polish
Parties
Applicant: Zelmotor sp. z o.o. (Rzeszów, Poland) (represented by: M. Rumak, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: B&B Trends, SL (Santa Perpetua de Mogoda, Spain)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark ‘zelmotor’ — EU trade mark No 10 980 225
Proceedings before EUIPO: Revocation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 February 2022 in Case R 927/2021-2
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Second Board of Appeal of EUIPO of 4 February 2022 in Case R 927/2021-2 in part, in so far as it makes a declaration of invalidity in respect of the goods and services in Classes 7, 9 and 35, with the exception of stators and rotors in Class 7;
—order EUIPO and the other party to the proceedings to pay, in addition to their own costs, the costs incurred by the applicant.
Plea in law
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.