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Case T-265/22: Action brought on 13 May 2022 — PSCC 2012 v EUIPO — Starwood Hotels & Resorts Worldwide (LA BOTTEGA W)
ECLI:EU:UNKNOWN:62022TN0265
62022TN0265
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4.7.2022
EN
Official Journal of the European Union
C 257/40
(Case T-265/22)
(2022/C 257/52)
Language in which the application was lodged: Italian
Parties
Applicant: PSCC 2012 Srl (Rome, Italy) (represented by: P. Alessandrini and E. Montelione, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Starwood Hotels & Resorts Worldwide LLC (Bethesda, Maryland, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark LA BOTTEGA W — EU trade mark No 11 592 581
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 24 February 2022 in Case R 621/2019-2
Form of order sought
The applicant claims that the Court should:
—annul and vary the contested decision and reject the application for cancellation of the mark LA BOTTEGA W;
—order the defendant to pay the costs.
Pleas in law
—Infringement of Articles 60 and 8 of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.
—Infringement of Article 42 of the Rules of Procedure of the Boards of Appeal.
—Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.