CELEX: 62021TN0754
Language: en
Date: 2021-11-29 00:00:00
Title: Case T-754/21: Action brought on 29 November 2021 — Peace United v EUIPO — 1906 Collins (bâoli)

31.1.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/35
            
         
      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:
      
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                  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;
               
            
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                  order EUIPO to pay the costs.
               
            
         Pleas in law
      
      
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                  Infringement of Article 63(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in so far as the Board of Appeal erred in its assessment of the unfairness of the revocation action;
               
            
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                  Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in so far as the Board of Appeal erred in its assessment of genuine use of the mark.