EN

Official Journal of the European Union

C 217/49

(Case T-181/21)

(2021/C 217/65)

Language of the case: English

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Anferlux-Electrodomésticos, Lda (Vila Nova de Monsarros, Portugal)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative SmartThinQ mark — European Union trade mark No 14 983 861

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 3 February 2021 in Case R 1657/2020-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of the principle of neutrality, in particular of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and the principle of equality of arms by disregarding Articles 16(2) in conjunction with Articles 2(2)(g) and 12(2)(c) of Commission Delegated Regulation (EU) 2018/625 which are based on Article 146(7) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and linked to Article 25(2)(a) of Commission Implementing Regulation (EU) 2018/626;

—Infringement of Article 17(3) of Commission Delegated Regulation (EU) 2018/625;

—Infringement of Article 64(2)(3) in conjunction with Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously finding that the earlier trademark has been genuinely used for some goods;

—Infringement of Article 8(1)(b) in conjunction with Article 60(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.