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Case T-261/22: Action brought on 13 May 2022 — mBank v EUIPO — European Merchant Bank (EMBANK European Merchant Bank)
ECLI:EU:UNKNOWN:62022TN0261
62022TN0261
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4.7.2022
EN
Official Journal of the European Union
C 257/38
(Case T-261/22)
(2022/C 257/50)
Language in which the application was lodged: English
Parties
Applicant: mBank S.A. (Warsaw, Poland) (represented by: E. Skrzydło-Tefelska and M. Stępkowski, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: European Merchant Bank UAB (Vilnius, Lithuania)
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 EMBANK European Merchant Bank — European Union trade mark No 18 048 966
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 22 February 2022 in Case R 1845/2020-5
Form of order sought
The applicant claims that the Court should:
—alter the contested decision and uphold the application for a declaration of invalidity in its entirety;
—order EUIPO and the intervener to bear their own costs and to pay those incurred by the applicant, including those incurred in the proceedings before EUIPO.
Pleas in law
—Infringement of Articles 8(1)(b) and 60(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
—Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625.