EN
C 207/48
Official Journal of the European Union
23.5.2022
Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: H&F Srl (Milan, Italy)
Details of the proceedings before EUIPO Applicant for the trade mark at issue: Applicant before the General Court Trade mark at issue: Application for the EU figurative mark TMC TRANSFORMERS — Application for registration No 17 262 668 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 February 2022 in Case R 1211/2021-5
Form of order sought The applicant claims that the Court should: — first of all and principally, acknowledge H&F Srl’s lack of capacity and declare the proceedings at first and second instance before EUIPO inadmissible; — alter the contested decision on the ground that it is unfounded in fact and law and based on insufficient reasoning; — in the alternative, overturn the contested decision on the ground that it is unfounded in fact and law and refer the action back to EUIPO; — order EUIPO and the intervener to pay the costs for the three stages of legal proceedings.
Pleas in law — Lack of capacity to bring proceedings on the part of H&F Srl, a matter on which EUIPO did not rule and for which it did not provide sufficient reasons; — Incorrect assessment of the likelihood of confusion (Article 8 of Regulation No 207/2009) in fact and in law; — Failure to state sufficient reasons for the contested decision.
Action brought on 28 March 2022 — Transformers Manufacturing Company v EUIPO — H&F (TMC TRANSFORMERS) (Case T-167/22) (2022/C 207/64) Language in which the application was lodged: Italian Parties Applicant: Transformers Manufacturing Company Pty Ltd (Melbourne, Australia) (represented by: F. Caricato, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: H&F Srl (Milan, Italy)
Details of the proceedings before EUIPO Applicant for the trade mark at issue: Applicant before the General Court