31.10.2022

EN

Official Journal of the European Union

C 418/54

(Case T-585/22)

(2022/C 418/69)

Language in which the application was lodged: English

Parties

Applicant: Mariusz Trus (Lublin, Poland) (represented by: W. Włodarczyk, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Unilab LP (Rockville, Maryland, United States)

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 word mark ARTRESAN — European Union trade mark No 4 304 937

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 20 July 2022 in joined Cases R 1428/2020-1 and R 1481/2020-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision to the extent that the trade mark at issue was maintained for the goods in Class 5 ‘therapeutic creams for joints; food supplements for medical purposes’;

—declare the mark revoked also for the above mentioned goods in Class 5;

—order EUIPO and the intervener to pay the costs incurred in the present proceedings and in the proceedings before the Board of Appeal.

Pleas in law

—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of the first sentence of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.