EN
23.5.2022
Official Journal of the European Union
C 207/49
Trade mark at issue: Application for the EU word mark TMC TRANSFORMERS — Application for registration No 17 264 664 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 14 February 2022 in Case R 1212/2021-5
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 30 March 2022 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Fontana Food (GRILLOUMI) (Case T-168/22) (2022/C 207/65) Language in which the application was lodged: English Parties Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz, Barrister-at-law, and C. Milbradt, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)
Details of the proceedings before EUIPO Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal Trade mark at issue: Application for European Union word mark GRILLOUMI — Application for registration No 15 963 291 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 January 2022 in Case R 1612/2021-5