EN

Official Journal of the European Union

C 109/27

(Case T-12/22)

(2022/C 109/37)

Language of the case: English

Parties

Applicant: Hasco TM sp. z o.o. sp.k. (Wrocław, Poland) (represented by: M. Krekora, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Esi Srl (Albisola Superiore, 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 word mark NATURCAPS — European Union trade mark No 16 289 795

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 November 2021 in Case R 617/2021-4

Form of order sought

The applicant claims that the Court should:

—accept the application and declare it well founded;

—annul the contested decision;

—order EUIPO and the intervener to pay the costs of the proceedings before the General Court.

Pleas in law

—Infringement of articles 64(2), 47(2), and 33(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with article 2(1) of Nice Agreement concerning the international classification of goods and services for the purposes of the registration of Marks, article 1(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001, article 2(a) of Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 and article 24 of Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (2003);

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