14.2.2022

EN

Official Journal of the European Union

C 73/52

(Case T-772/21)

(2022/C 73/66)

Language of the case: English

Parties

Applicant: Brobet ltd. (Ta'Xbiex, Malta) (represented by: F. Bojinova, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Efbet Partners OOD (Sofia, Bulgaria)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union word mark figurative mark efbet — European Union trade mark No 10 818 748

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 September 2021 in Case R 624/2021-2

Form of order sought

The applicant claims that the Court should:

—partially annul the contested decision, namely the part of the section 3 in which the appeal of Brobet Limited had been dismissed with respect to the revocation of the same party’s rights in EUTM No. 010818748 for the following goods and services: Computer interfaces; Recorded computer software, which can be transferred to another currier; Electronic game equipment; and the services in class 9 and Entertainment (except gambling); Information services in the field of entertainment (except gambling); Gaming (except gambling) in class 41;

—order EUIPO to pay the costs incurred by the applicant in relation to the present action of annulment.

Pleas in law

—Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement, alternatively, of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, as interpreted by the case-law of the Court of Justice of the European Union;

—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.