# C_2021320EN.01005201.xml

| 9.8.2021 | EN | Official Journal of the European Union | C 320/52 |
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9.8.2021

EN

Official Journal of the European Union

C 320/52

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Action brought on 25 June 2021 — KTM Fahrrad v EUIPO — KTM (R2R)

(Case T-353/21)

(2021/C 320/58)

Language in which the application was lodged: German

Parties

Applicant: KTM Fahrrad GmbH (Mattighofen, Austria) (represented by: V. Hoene, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: KTM AG (Mattighofen, Austria)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union word mark R2R — European Union trade mark No 17 886 364

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 April 2021 in Case R 261/2020-5

Form of order sought

The applicant claims that the Court should:

| — | annul cancellation decision No 22964C of the Cancellation Division of 4 December 2019 and the decision of the Fifth Board of Appeal of 20 April 2021 upholding it, including as regards the costs, and reject the application for cancellation of the respondent [before the Board of Appeal]; |
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annul cancellation decision No 22964C of the Cancellation Division of 4 December 2019 and the decision of the Fifth Board of Appeal of 20 April 2021 upholding it, including as regards the costs, and reject the application for cancellation of the respondent [before the Board of Appeal];

| — | in the alternative, annul cancellation decision No 22964C of the Cancellation Division of 4 December 2019 and the decision of the Fifth Board of Appeal of 20 April 2021 upholding it, including as regards the costs, and reject the application for cancellation of the respondent [before the Board of Appeal], so far as concerns vehicles and vehicle parts, included in Class 12 — namely, land vehicles and vehicle parts for them; |
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in the alternative, annul cancellation decision No 22964C of the Cancellation Division of 4 December 2019 and the decision of the Fifth Board of Appeal of 20 April 2021 upholding it, including as regards the costs, and reject the application for cancellation of the respondent [before the Board of Appeal], so far as concerns vehicles and vehicle parts, included in Class 12 — namely, land vehicles and vehicle parts for them;

| — | in the further alternative, annul cancellation decision No 22964C of the Cancellation Division of 4 December 2019 and the decision of the Fifth Board of Appeal of 20 April 2021 upholding it, including as regards the costs, and reject the application for cancellation of the respondent [before the Board of Appeal], so far as concerns vehicles and vehicle parts, included in Class 12, namely, bicycles and two-wheeled vehicles and vehicle parts for them. |
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in the further alternative, annul cancellation decision No 22964C of the Cancellation Division of 4 December 2019 and the decision of the Fifth Board of Appeal of 20 April 2021 upholding it, including as regards the costs, and reject the application for cancellation of the respondent [before the Board of Appeal], so far as concerns vehicles and vehicle parts, included in Class 12, namely, bicycles and two-wheeled vehicles and vehicle parts for them.

Pleas in law

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

| — | Infringement of Article 95 of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
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Infringement of Article 95 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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