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Case T-189/20: Action brought on 6 April 2020 — Chiquita Brands v EUIPO — Fyffes International (HOYA)
ECLI:EU:UNKNOWN:62020TN0189
62020TN0189
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Official Journal of the European Union
C 191/35
(Case T-189/20)
(2020/C 191/48)
Language of the case: English
Parties
Applicant: Chiquita Brands LLC (Fort Lauderdale, Florida, United States) (represented by: W. Pors, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Fyffes International Unlimited Company (Dublin, Ireland)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union figurative mark HOYA in colours yellow, blue and black — European Union trade mark No 10 612 166
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 21 January 2020 in Case R 962/2019-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—grant the applicant’s application for revocation in full;
—order EUIPO and the intervener to pay the full costs of the proceedings.
Pleas in law
—Infringement of Article 64(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of the prohibition of reformatio in peius and Article 71(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.