do-me/EUR-LEX huggingface dataset:
Case T-63/22: Action brought on 1 February 2022 — Brooks England v EUIPO — Brooks Sports (BROOKS ENGLAND)
Date: 2022-02-01
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, sports equipment, textile product, trade-mark law








C_2022148EN.01003301.xml










4.4.2022   


EN


Official Journal of the European Union


C 148/33






Action brought on 1 February 2022 — Brooks England v EUIPO — Brooks Sports (BROOKS ENGLAND)
(Case T-63/22)
(2022/C 148/44)
Language in which the application was lodged: English

Parties


Applicant: Brooks England Ltd (Smethwick, United Kingdom) (represented by: S. Feltrinelli, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Brooks Sports, Inc. (Seattle, Washington, United States)

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 BROOKS ENGLAND — Application for registration No 3 298 321

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 22 November 2021 in Case R 2432/2020-4

Form of order sought

The applicant claims that the Court should:






—


uphold the action brought by the plaintiff;










—


entirely annul the contested decision and therefore declare that the contested sign should be registered for all the contested goods;










—


as a subordinary request, to partially annul the contested decision declaring that the contested sign should be registered for at least the contested goods in class 18;










—


order EUIPO to reimburse all legal expenses borne by the plaintiff in connection with the previous and present proceedings.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the likelihood of confusion between the contested sign and the earlier trademark;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the evidence of use of the earlier trademark;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the comparison of the goods;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the comparison of the signs and risk of association.