22.2.2021

EN

Official Journal of the European Union

C 62/46

(Case T-4/21)

(2021/C 62/58)

Language in which the application was lodged: Polish

Parties

Applicant: Advanced Superabrasives, Inc. (Mars Hill, North Carolina, United States) (represented by: D. Piróg and A. Rytel, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Adi Srl (Thiene, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for the EU figurative mark ‘ASI ADVANCED SUPERABRASIVES’ — Application No 17 163 734

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 October 2020 in Case R 2713/2019-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to pay the costs

—in the event that the intervener intervenes in the proceedings, order that party to bear its own costs.

Pleas in law

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

—Infringement of Article 27(3)(b) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625; and

—Infringement of Article 71(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 27(3)(b) of Commission Delegated Regulation (EU) 2018/625.