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Case T-611/22: Action brought on 30 September 2022 — Marico v EUIPO — Regal Impex (SAFFOLA)
ECLI:EU:UNKNOWN:62022TN0611
62022TN0611
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21.11.2022
EN
Official Journal of the European Union
C 441/27
(Case T-611/22)
(2022/C 441/37)
Language in which the application was lodged: English
Parties
Applicant: Marico Ltd (Mumbai, India) (represented by: B. Collett and S. Malynicz, Barristers-at-Law)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Regal Impex Ltd (Harrow, United Kingdom)
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 SAFFOLA — European Union trade mark No 12 568 739
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 July 2022 in Case R 1538/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the intervener, should the other party to the proceedings before EUIPO decide to intervene, to pay the applicant’s costs and bear their own costs.
Pleas in law
—The Board of Appeal infringed Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by wrongly concluding that the European Union trade mark proprietor had demonstrated genuine use of the contested mark in respect of ‘edible oils and fats’;
—The Board of Appeal erred evidentially, procedurally and legally in respect of the finding that sunflower oil is an edible fat.