Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 28.3.2022 | EN | Official Journal of the European Union | C 138/28 |

---

Action brought on 31 January 2022 — Labaš v EUIPO (FRESH)

(Case T-58/22)

(2022/C 138/32)

Language of the case: English

Parties

Applicant: Miroslav Labaš (Košice, Slovakia) (represented by: M. Vasiľ, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for European Union figurative mark FRESH — Application for registration No 18 311 155

Contested decision: Decision of the First Board of Appeal of EUIPO of 24 November 2021 in Case R 610/2021-1

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the contested decision in its entirety; |

|  |  |
| --- | --- |
| — | or alternatively, annul part of the contested decision with regards to the Classes 35 and 39 specified in the contested application; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs of the applicant. |

Pleas in law

|  |  |
| --- | --- |
| — | Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |

|  |  |
| --- | --- |
| — | Lack of the definition of the direct link between the sign FRESH and its inadmissibility to be registered for goods and services in Classes 35 and 39. |

---

[Top](#document1)