EN

Official Journal of the European Union

C 104/43

(Case T-54/23)

(2023/C 104/64)

Language in which the application was lodged: English

Parties

Applicant: W.B. Studio Sas di Wivian Bodini & C. (Milano, Italy) (represented by: V. Piccarreta and G. Romanelli, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: E.Land Italy Srl (Milano, 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 figurative mark BF BELFE — European Union trade mark No 139 840

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 30 November 2022 in Case R 870/2021-1

Form of order sought

The applicant claims that the Court should:

—Partially annul the contested decision to the extent it upheld the decision of the Cancellation Division and, consequently, declare the revocation of the trade mark at issue;

—Order the defendant to bear the costs of the present proceedings, including the costs deriving from the proceedings before the Cancellation Division and the First Board of Appeal.

Pleas in law

—Infringement of article 58(1)(a) in conjunction with article 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of article 19 of Commission Delegated Regulation (EU) 2018/625.