EN

Official Journal of the European Union

C 173/35

(Case T-136/23)

(2023/C 173/45)

Language in which the application was lodged: English

Parties

Applicant: Vintae Luxury Wine Specialists SLU (Logroño, Spain) (represented by: L. Broschat García and L. Polo Flores, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Grande Vitae GmbH (Delmenhorst, Germany)

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 mark vintae — European Union trade mark No 5 851 092

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 16 January 2023 in Case R 2238/2021-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to declare valid the trade mark at issue for goods and services in Classes 33 and 35;

—order EUIPO and the intervener, Grande Vitae GmbH, to pay all the costs of the dispute before the General Court, including those relating to the procedure before the First Board of Appeal.

Pleas in law

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

—Infringement of Article 61 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.