25.1.2021

Official Journal of the European Union

C 28/59

(Case T-694/20)

(2021/C 28/88)

Language of the case: English

Parties

Applicant: Maria Alexandra Canisius (Vienna, Austria) (represented by: H. Asenbauer, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Beiersdorf AG (Hamburg, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark containing the word element CCLABELLE VIENNA — Application for registration No 17 592 461

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 16 September 2020 in Case R 2233/2019-4

Form of order sought

The applicant claims that the Court should:

—partially annul the contested decision insofar as the opposition was upheld in respect of the goods in Classes 3 and 16;

—order the defendant and Beiersdorf, should Beiersdorf join this proceeding, to pay its own costs and to bear all the fees and costs of the applicant;

—dismiss the opposition brought by Beiersdorf against the registration of application No 17 592 461 and order EUIPO to allow the (contested) application No 17 592 461 to proceed to the registration in relation to all goods and services applied for in Classes 3, 16, and 25 as well as order Beiersdorf to bear its own costs and pay all the fees and costs incurred by the applicant due to the opposition proceedings.

Pleas in law

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

—Misapplication of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.