Source: EURLEX
Language: en
Format: md

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| 31.1.2022 | EN | Official Journal of the European Union | C 51/35 |

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Action brought on 29 November 2021 — Peace United v EUIPO — 1906 Collins (bâoli)

(Case T-754/21)

(2022/C 51/48)

Language in which the application was lodged: French

Parties

Applicant: Peace United Ltd (London, United Kingdom) (represented by: M. Artzimovitch, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: 1906 Collins LLC (Miami, Florida, United States)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the Board of Appeal

Trade mark at issue: EU figurative mark bâoli — EU trade mark No 6 619 977

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 September 2021 in Case R 275/2020-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision in so far as, as a result of various errors of assessment in fact and in law and disregard of the duty of sound administration, the Board of Appeal found that the EU trade mark No 6 619 977 bâoli had not been put to genuine use during the period at issue in respect of the services claimed in Classes 41 and 43; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Infringement of Article 63(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in so far as the Board of Appeal erred in its assessment of the unfairness of the revocation action; |

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| — | Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in so far as the Board of Appeal erred in its assessment of genuine use of the mark. |

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