Action brought on 20 September 2021 – Kubara v EUIPO (good calories)

(Case T-602/21)

Language of the case: Polish

Parties

Applicant: Kubara sp. z o.o. (Częstochowa, Poland) (represented by: A. Suskiewicz, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU figurative mark good calories – Application No 18 193 512

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 July 2021 in Case R 2167/2020-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of the principle of the protection of legitimate expectations and of the principle of legal certainty arising from the registration by EUIPO of the signs ‘Fit calories’ and ‘GREEN CALORIES’ as EU trade marks;

Failure on the part of the First Board of Appeal of EUIPO to conduct a full analysis of the list of goods and services for which registration of the trade mark at issue was refused.

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