Information;Judgment — ECLI:EU:T:2023:534
Date: 2023-09-13
Language of the case: French;Italian
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 28 March 2022 – Transformers Manufacturing Company v EUIPO – H&F (TMC TRANSFORMERS) (Case T-163/22) Language in which the application was lodged: Italian Parties Applicant: Transformers Manufacturing Company Pty Ltd (Melbourne, Australia) (represented by: F. Caricato, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: H&F Srl (Milan, Italy) Details of the proceedings before EUIPO Applicant for the trade mark at issue: Applicant before the General Court Trade mark at issue: Application for the EU figurative mark TMC TRANSFORMERS – Application for registration No 17 262 668 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 February 2022 in Case R 1211/2021-5 Form of order sought The applicant claims that the Court should: first of all and principally, acknowledge H&F Srl’s lack of capacity and declare the proceedings at first and second instance before EUIPO inadmissible; alter the contested decision on the ground that it is unfounded in fact and law and based on insufficient reasoning; in the alternative, overturn the contested decision on the ground that it is unfounded in fact and law and refer the action back to EUIPO; order EUIPO and the intervener to pay the costs for the three stages of legal proceedings. Pleas in law Lack of capacity to bring proceedings on the part of H&F Srl, a matter on which EUIPO did not rule and for which it did not provide sufficient reasons; Incorrect assessment of the likelihood of confusion (Article 8 of Regulation No 207/2009) in fact and in law; Failure to state sufficient reasons for the contested decision. ____________