I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
EN
(Case T-390/23)
(2023/C 314/18)
Language in which the application was lodged: English
Applicant: Barry’s Bootcamp Holdings LLC (Miami, Florida, United States) (represented by: M. Hawkins, T. Dolde and C. Zimmer, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hummel Holding A/S (Aarhus, Denmark)
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 (Device of two black horizontal chevrons) — European Union trade mark No 3 015 377
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 April 2023 in Case R 1423/2022-2
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant and the other party to the proceedings before the Board of Appeal, should it intervene, to bear the costs of the proceedings.
—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.