19.7.2021

EN

Official Journal of the European Union

C 289/51

(Case T-316/21)

(2021/C 289/69)

Language of the case: English

Parties

Applicant: Worldwide Machinery Ltd (Channelview, Texas, United States) (represented by: B. Woltering, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Scaip SpA (Parma, Italy)

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 SUPERIOR MANUFACTURING — European Union trade mark No 11 385 333

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 March 2021 in Case R 873/2020-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in its entirety and the decision of the Cancellation Division of 12 March 2020 in Cancellation [Proceedings] No 28 762 C in so far that the request for revocation of the European Union trade mark (No 11 385 333) was rejected;

—revoke the challenged European Union trade mark in relation to the following goods: Class 12: Self-propelled machines for creating oil pipelines, gas and water conduits; land vehicles, namely self-propelled equipment for placing pipes; kits for converting crawler land vehicles to land vehicles comprising self-propelled equipment for placing pipes; sifting buckets; suction cups for lifter; hydraulic chucks; self-propelled pipe bending machines;

—order for reimbursement of its costs in the proceedings before the General Court.

Plea in law

—Infringement of Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.