14.3.2022

Official Journal of the European Union

C 119/53

(Case T-35/22)

(2022/C 119/75)

Language of the case: English

Parties

Applicant: Arkadiusz Kaminski (Etobicoke, Ontario, Canada) (represented by: W. Trybowski, E. Pijewska and M. Mazurek, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Polfarmex S.A. (Kutno, Poland)

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 SYRENA — European Union trade mark (EUTM) No 9 262 767

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 26 October 2021 in jointed Cases R 1952/2020-1 and R 1953/2020-1

Form of order sought

The applicant claims that the Court should:

—alter the contested decision in its part concerning the appeal in case R 1952/2020-1, that is, with regard to points 2, 3, 4 and 6 of the sentence (operative part) of the contested decision, by: dismissal of the appeal in case R 1952/2020-1, declaration that the trade mark ‘SYRENA’ (EUTM 9 262 767) remains registered for ‘cars’ in Class 12 and ordering Polfarmex S.A. to bear the applicant’s costs in the appeal proceedings in case R 1952/2020-1;

—order that the costs of the proceedings are to be paid by EUIPO and by Polfarmex;

alternatively:

—annul the contested decision in the above mentioned part, i.e. to the extent that the Board of Appeal revoked the registration of the trade mark ‘SYRENA’ (EUTM 9 262 767) in respect of ‘cars’ other than ‘racing cars’ in Class 12;

—order that the costs of the proceedings are to be paid by EUIPO and by Polfarmex.

Pleas in law

—Infringement of Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Articles 18(1), 58(1)(a) and (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Articles 18(1), 58(1)(a) and (2) and 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.