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Case T-58/22: Action brought on 31 January 2022 — Labaš v EUIPO (FRESH)
ECLI:EU:UNKNOWN:62022TN0058
62022TN0058
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28.3.2022
EN
Official Journal of the European Union
C 138/28
(Case T-58/22)
(2022/C 138/32)
Language of the case: English
Parties
Applicant: Miroslav Labaš (Košice, Slovakia) (represented by: M. Vasiľ, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union figurative mark FRESH — Application for registration No 18 311 155
Contested decision: Decision of the First Board of Appeal of EUIPO of 24 November 2021 in Case R 610/2021-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in its entirety;
—or alternatively, annul part of the contested decision with regards to the Classes 35 and 39 specified in the contested application;
—order the defendant to pay the costs of the applicant.
Pleas in law
—Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Lack of the definition of the direct link between the sign FRESH and its inadmissibility to be registered for goods and services in Classes 35 and 39.