Source: EURLEX
Language: en
Format: md

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| 21.11.2022 | EN | Official Journal of the European Union | C 441/27 |

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Action brought on 30 September 2022 — Marico v EUIPO — Regal Impex (SAFFOLA)

(Case T-611/22)

(2022/C 441/37)

Language in which the application was lodged: English

Parties

Applicant: Marico Ltd (Mumbai, India) (represented by: B. Collett and S. Malynicz, Barristers-at-Law)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Regal Impex Ltd (Harrow, United Kingdom)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark SAFFOLA — European Union trade mark No 12 568 739

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 July 2022 in Case R 1538/2021-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order EUIPO and the intervener, should the other party to the proceedings before EUIPO decide to intervene, to pay the applicant’s costs and bear their own costs. |

Pleas in law

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| — | The Board of Appeal infringed Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by wrongly concluding that the European Union trade mark proprietor had demonstrated genuine use of the contested mark in respect of ‘edible oils and fats’; |

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| — | The Board of Appeal erred evidentially, procedurally and legally in respect of the finding that sunflower oil is an edible fat. |

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