CELEX: 62022TN0063
Language: en
Date: 2022-02-01 00:00:00
Title: Case T-63/22: Action brought on 1 February 2022 — Brooks England v EUIPO — Brooks Sports (BROOKS ENGLAND)

4.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/33
            
         
      Action brought on 1 February 2022 — Brooks England v EUIPO — Brooks Sports (BROOKS ENGLAND)
      (Case T-63/22)
      (2022/C 148/44)
      Language in which the application was lodged: English
      
         Parties
      
      
         Applicant: Brooks England Ltd (Smethwick, United Kingdom) (represented by: S. Feltrinelli, lawyer)
      
         Defendant: European Union Intellectual Property Office (EUIPO)
      
         Other party to the proceedings before the Board of Appeal: Brooks Sports, Inc. (Seattle, Washington, United States)
      
         Details of the proceedings before EUIPO
      
      
         Applicant of the trade mark at issue: Applicant before the General Court
      
         Trade mark at issue: Application for European Union figurative mark BROOKS ENGLAND — Application for registration No 3 298 321
      
         Procedure before EUIPO: Opposition proceedings
      
         Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 22 November 2021 in Case R 2432/2020-4
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  uphold the action brought by the plaintiff;
               
            
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                  entirely annul the contested decision and therefore declare that the contested sign should be registered for all the contested goods;
               
            
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                  as a subordinary request, to partially annul the contested decision declaring that the contested sign should be registered for at least the contested goods in class 18;
               
            
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                  order EUIPO to reimburse all legal expenses borne by the plaintiff in connection with the previous and present proceedings.
               
            
         Pleas in law
      
      
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                  Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the likelihood of confusion between the contested sign and the earlier trademark;
               
            
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                  Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the evidence of use of the earlier trademark;
               
            
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                  Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the comparison of the goods;
               
            
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                  Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the comparison of the signs and risk of association.