EN
C 472/46
Official Journal of the European Union
12.12.2022
— Erroneous determination of the relevant public and its degree of attention; — Incorrect restriction of the relevant market to champagne wines; — Erroneous interpretation of the concept of acquisition of distinctiveness through use and disregard of the relevance of market surveys; — Disregard of relevant observations submitted by the applicant; — Insufficient basis as far as distinctiveness for Greece, Portugal Luxembourg and Ireland was assumed.
Action brought on 25 October 2022 — M&T 1997 v EUIPO — VDS Czmyr Kowalik (Door and window handles) (Case T-654/22) (2022/C 472/53) Language in which the application was lodged: English Parties Applicant: M&T 1997, a.s.
(Dobruška, Czech Republic) (represented by: T. Dobřichovský, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: VDS Czmyr Kowalik sp.k.
(Świętochłowice, Poland)
Details of the proceedings before EUIPO Proprietor of the design at issue: Applicant before the General Court Design at issue: European Union design No 2 138 008-0031 Procedure before EUIPO: Cancellation proceedings Contested decision: Decision of the Third Board of Appeal of EUIPO of 29 August 2022 in Case R 29/2022-3
Form of order sought The applicant claims that the Court should: — annul the contested decision; — modify the contested decision so that the appeal brought by the applicant is upheld, the application for invalidity is dismissed and the other party to the proceedings before the Board of Appeal is ordered to pay the costs incurred by the applicant in the proceedings before the Board of Appeal and the Invalidity Division; — order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant.
Pleas in law — Infringement of Article 25(1)b of Council Regulation (EC) No 6/2002, read in conjunction with Article 6 thereof; — Infringement of Article 64(1) of Council Regulation (EC) No 6/2002, read in conjunction with Article 65(1) thereof.