Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  C series |

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|  | C/2025/92 | 6.1.2025 |

Action brought on 30 October 2024 – Capella v EUIPO – Cartier International (COLORATURA)

(Case T-562/24)

(C/2025/92)

Language in which the application was lodged: English

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: A. Auer-Reinsdorff, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Cartier International AG (Steinhausen, Switzerland)

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 word mark COLORATURA – Application for registration No 17881418

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 29 August 2024 in Case R 1358/2022-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | declare priority for the trade mark at issue as of 28th September 2017; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Violation of the Treaty on the Functioning of the European Union; |

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| — | Infringement of Article 34 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, as well as of the priority provision of the Paris Convention; |

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| — | Violation of essential formal requirements, i.e. failure to state reasons; |

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| — | Violation of the principle of good faith in EU law; |

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| — | Violation of the right to a fair trial, inter alia under Article 6 of the European Convention on Human Rights. |

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