Source: EURLEX
Language: en
Format: md

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| 4.4.2022 | EN | Official Journal of the European Union | C 148/33 |

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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:

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| — | uphold the action brought by the plaintiff; |

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

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| — | 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; |

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

Pleas in law

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| — | 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; |

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| — | 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; |

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| — | 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; |

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| — | 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. |

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