EN
31.1.2022
Official Journal of the European Union
C 51/35
Pleas in law — Infringement of Article 59(1)(a) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as the Board of Appeal wrongly assessed that the EUTM No 13 609 631 BIO-BEAUTÉ is not descriptive in connection to the goods in Class 3 ‘dentifrices; essential oils; perfumes, toilet water, eau de cologne; incense; perfume water’; — Infringement of Article 59(1)(a) in conjunction with Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as the Board of Appeal wrongly assessed that the EUTM No 13 609 631 BIO-BEAUTÉ does not lack distinctive character in connection to the goods in Class 3 ‘dentifrices; essential oils; perfumes, toilet water, eau de cologne; incense; perfume water’; — Infringement of Article 59(1)(a) in conjunction with Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as the Board of Appeal wrongly assessed that the EUTM No 13 609 631 BIO-BEAUTÉ has acquired distinctive character in connection to the goods in Class 3 ‘Cosmetics; body deodorants; Extracts of plant for cosmetic purposes; Soaps, cleansing milk; Cosmetic creams, gels, milks, lotions, masks, pomades, powders, serums and preparations for skin care; Anti-wrinkle preparations; Cosmetic preparations for lip care; Sun-tanning preparations (cosmetics), after-sun preparations (cosmetics); Cosmetic preparations for slimming purposes; Depilatories; Hair products 2 (hair and scalp care preparations); Baths (Cosmetic preparations for -); Make-up and make up removing preparations; Preparations for shaving and after-shave preparations’.
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: — 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; — order EUIPO to pay the costs.