10.8.2020

Official Journal of the European Union

C 262/33

(Case T-354/20)

(2020/C 262/44)

Language of the case: English

Parties

Applicant: Wirtschaftsgesellschaft des Kfz-Gewerbes mbH (Bonn, Germany) (represented by: N. Hebeis, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: The Blink Fish Srl (Milan, Italy)

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 (Representation of a fish) — European Union trade mark No 17 301 359

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 April 2020 in Case R 2333/2019-4

Form of order sought

The applicant claims that the Court should:

—partially annul the contested decision as far as the following services of the contested European Union trade mark application No 17 301 359 are concerned:

—class 35: Advertising, Business management;

—class 38: Telecommunication services;

—class 41: Entertainment services, Sporting and cultural activities, Teaching, Training;

—order EUIPO to bear the costs of the proceedings.

Pleas in law

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in the failure to state reasons in the contested decision of the Board of Appeal.