EN

Official Journal of the European Union

C 7/45

(Case T-694/22)

(2023/C 7/55)

Language in which the application was lodged: Italian

Parties

Applicant: CMT Compagnia manifatture tessili Srl (CMT Srl) (Naples, Italy) (represented by: P. Marzano, G. Rubino and F. Cordova, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Camomilla Srl (Assago, Italy)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark CAMOMILLA italia — EU trade mark No 9 287 038

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 24 August 2022 in Case R 1738/2021-2

Form of order sought

The applicant claims that the Court should:

—with regard to the goods in Class 25: declare the limitation of the contested mark and, consequently, refer the case back to EUIPO for a new assessment of the affinity between the goods in Class 25 covered by the contested mark and the goods in Class 24 covered by the earlier mark, indicating the principles of law with which EUIPO must comply in the assessment;

—in the alternative, or if the Court deems it appropriate, by upholding the present action, vary the contested decision and, consequently, confirm the validity of the contested mark for ‘clothing’ in Class 25, without prejudice, in any event, to the validity of the other goods claimed in that class, which are not covered by the declaration of invalidity;

—with regard to the goods in Class 18: by upholding the present action, vary the contested decision and, consequently, confirm the validity of the contested mark in respect of the following goods: Class 18: Goods made of these materials and not included in other classes [leather and imitations of leather]; Trunks; Big umbrellas; Beach bags; Briefcases, cases [leather articles]; Card cases [notecases]; Chain mesh purses; Handbags; Haversacks; Pocket wallets; Purses; Rucksacks; School bags; School bags; Shopping bags; Bags for sports; Vanity cases, not fitted; Wheeled shopping bags;

—in any event, order the applicant for a declaration of invalidity to pay the costs of the present proceedings and those relating to the decisions in the earlier proceedings.

Plea in law

—Infringement of Article 8(1)(b) and Article 60 of Regulation 2017/1001 of the European Parliament and of the Council.