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Case T-562/22: Action brought on 9 September 2022 — Noah Clothing v EUIPO — Noah (NOAH)
ECLI:EU:UNKNOWN:62022TN0562
62022TN0562
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Valentina R., lawyer
31.10.2022
EN
Official Journal of the European Union
C 418/51
(Case T-562/22)
(2022/C 418/66)
Language in which the application was lodged: English
Parties
Applicant: Noah Clothing LLC (New York, New York, United States) (represented by: W. Leppink, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Yannick Noah (Feucherolles, France)
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 NOAH — European Union trade mark No 5 620 968
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 12 July 2022 in Case R 504/2021-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it rejects the application for a declaration of revocation with regard to the goods ‘polo shirts’ and ‘sweaters’ in Class 25;
—annul the contested decision in so far as it dismisses the cross-appeal;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 19(1), 3rd sentence, and Article 10(7) of Commission Delegated Regulation (EU) 2018/625 and with Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms;
—Infringement of Article 58(1)(a) and of Article 18(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in relation to the cross-appeal filed by the applicant before the Board of Appeal.