Action brought on 24 March 2023 – Kneipp v EUIPO – Patou (Joyful by nature)

(Case T-157/23)

Language in which the application was lodged: English

Parties

Applicant: Kneipp GmbH (Würzburg, Germany) (represented by: M. Pejman, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Jean Patou (Paris, France)

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 word mark Joyful by nature – Application for registration No 18 159 946

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 January 2023 in Case R 532/2022-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision in so far as it dismissed the applicant’s appeal against the refusal of the application for goods and services in Classes 3, 4, 35 and 44;

order EUIPO to pay the applicant`s fees and costs of the action as well as the applicant`s fees and costs of the opposition proceedings.

Plea in law

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

____________