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Case T-754/21: Action brought on 29 November 2021 — Peace United v EUIPO — 1906 Collins (bâoli)
ECLI:EU:UNKNOWN:62021TN0754
62021TN0754
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Valentina R., lawyer
31.1.2022
EN
Official Journal of the European Union
C 51/35
(Case T-754/21)
(2022/C 51/48)
Language in which the application was lodged: French
Parties
Applicant: Peace United Ltd (London, United Kingdom) (represented by: M. Artzimovitch, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: 1906 Collins LLC (Miami, Florida, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the Board of Appeal
Trade mark at issue: EU figurative mark bâoli — EU trade mark No 6 619 977
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 September 2021 in Case R 275/2020-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as, as a result of various errors of assessment in fact and in law and disregard of the duty of sound administration, the Board of Appeal found that the EU trade mark No 6 619 977 bâoli had not been put to genuine use during the period at issue in respect of the services claimed in Classes 41 and 43;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 63(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in so far as the Board of Appeal erred in its assessment of the unfairness of the revocation action;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in so far as the Board of Appeal erred in its assessment of genuine use of the mark.