# C_2023094EN.01006301.xml

| 13.3.2023 | EN | Official Journal of the European Union | C 94/63 |
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13.3.2023

EN

Official Journal of the European Union

C 94/63

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Action brought on 30 January 2023 — Domator24 v EUIPO — Acer (PREDATOR)

(Case T-33/23)

(2023/C 94/76)

Language in which the application was lodged: Polish

Parties

Applicant: Domator24 sp. z o.o. (Zielona Góra, Poland) (represented by: T. Gawliczek, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Acer, Inc. (Taipei, Taiwan)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘PREDATOR’ — EU trade mark No 16 757 262

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 9 November 2022 in Case R 381/2022-5

Form of order sought

The applicant claims that the Court should:

| — | annul in part the contested decision of EUIPO of 9 November 2022 (points 1 and 2 of the operative part) and find that not all of the conditions laid down in Article 53(1)(a), in conjunction with Article 8(1)(b), of Council Regulation (EC) No 207/2009 are satisfied in the present case, and consequently uphold the first instance decision and dismiss the claim for a declaration of invalidity of the trade mark EUTM-016757262 ‘PREDATOR’ in its entirety; |
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annul in part the contested decision of EUIPO of 9 November 2022 (points 1 and 2 of the operative part) and find that not all of the conditions laid down in Article 53(1)(a), in conjunction with Article 8(1)(b), of Council Regulation (EC) No 207/2009 are satisfied in the present case, and consequently uphold the first instance decision and dismiss the claim for a declaration of invalidity of the trade mark EUTM-016757262 ‘PREDATOR’ in its entirety;

| — | order EUIPO to pay the costs incurred by the applicant in the proceedings before the Court and — pursuant to Article 190(2) of the Rules of Procedure — the costs necessarily incurred by the applicant for the purposes of the proceedings before the Board of Appeal; |
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order EUIPO to pay the costs incurred by the applicant in the proceedings before the Court and — pursuant to Article 190(2) of the Rules of Procedure — the costs necessarily incurred by the applicant for the purposes of the proceedings before the Board of Appeal;

| — | if the intervener joins the proceedings, order that the intervener should bear its own costs. |
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if the intervener joins the proceedings, order that the intervener should bear its own costs.

Pleas in law

| — | Infringement of Article 53(1)(a), in conjunction with Article 8(1)(b), of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version); |
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Infringement of Article 53(1)(a), in conjunction with Article 8(1)(b), of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version);

| — | Infringement of the principle that evidence must be freely evaluated and infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 55(1) and (2) and Article 22(2) of Delegated Commission Regulation (EU) 2018/625. |
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Infringement of the principle that evidence must be freely evaluated and infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Article 55(1) and (2) and Article 22(2) of Delegated Commission Regulation (EU) 2018/625.

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