Action brought on 4 December 2023 – Funline International v EUIPO – MS Trade (JUNGLE PREMIUM)

(Case T-1135/23)

Language in which the application was lodged: English

Parties

Applicant: Funline International (New York, New York, United States) (represented by: Z. Juppová, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: MS Trade s.r.o. (Prague, Czech Republic)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark JUNGLE PREMIUM – European Union trade mark No 8 951 295

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 11 September 2023 in Case R 2263/2022-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision; or

annul the contested decision and reject the application for revocation; and

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as regards the interpretation of the scope of protection conferred by the registration of a trade mark and as regards the interpretation of its genuine use;

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as regards the nature of the goods in respect of which the trade mark is registered;

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council as regards the interpretation of the function of a trade mark;

Infringement of Article 19(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

____________