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Case T-699/20: Action brought on 20 November 2020 — Fashion Energy v EUIPO — Retail Royalty (1st AMERICAN)
ECLI:EU:UNKNOWN:62020TN0699
62020TN0699
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25.1.2021
Official Journal of the European Union
C 28/61
(Case T-699/20)
(2021/C 28/90)
Language of the case: English
Parties
Applicant: Fashion Energy Srl (Milan, Italy) (represented by: T. Müller and F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Retail Royalty Co. (Las Vegas, Nevada, United States)
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 figurative mark 1st AMERICAN — Application for registration No 8 622 078
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 10 September 2020 in Case R 426/2020-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—dismiss the opposition and allow the European Union trade mark application No 8 622 078 to proceed to registration;
—order EUIPO and the other party to pay the entire costs incurred by the applicant in the proceedings.
Pleas in law
—Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the duty to state reasons;
—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.