27.3.2023

EN

Official Journal of the European Union

C 112/40

(Case T-52/23)

(2023/C 112/52)

Language in which the application was lodged: Spanish

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: K. Guridi Sedlak, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Santa Rita Harinas, SLU (Loranca de Tajuña, Spain)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for European Union word mark SANTARRITA — Application for registration No 18 236 520

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 December 2022 in Case R 5772022-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and declare that there is no likelihood of confusion between the opposing marks since the co-defendant, the proprietor of the opposing mark, has not proved minimal and genuine use of its sign for the goods fried onions;

—in the alternative and cumulatively, annul the contested decision and declare that there is no likelihood of confusion between the opposing marks in respect of the goods prepared olives and fried onions in Class 29, as they are different goods;

—order EUIPO and the other party to the proceedings to pay the costs of the present proceedings.

Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.