Action brought on 20 March 2024 – Meica v EUIPO – Lénárd (CHIPSY KINGS)

(Case T-157/24)

Language in which the application was lodged: English

Parties

Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Russlies, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: András Lénárd (Sîncrăieni, Romania)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark CHIPSY KINGS – Application for registration No 18 416 564

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 22 January 2024 in Case R 376/2023-5

Form of order sought

The applicant claims that the Court should annul the contested decision in so far as it dismissed the appeal against the decision of the Opposition Division of 1 February 2023 relating to the EU trade mark application “CHIPSY KING” in regard of the following goods and services:

“French fries; Potato fritters; Vegetable-based chips; Potato sticks; Cassava chips; Soy chips; Purple sweet potato chips; Kale chips; Potato snacks; Vegetable chips; Potato flakes; Potato crisps in the form of snack foods; Potato crisps; Potato-based snack foods; Hash browns; Waffle fries; Low-fat potato crisps; Yucca chips” in Class 29;

“Whole wheat crisps; Grain-based chips; Crispbread snacks; Extruded wheat snacks; Vegetable flavoured corn chips; Tortilla chips; Rice crisps; Snack foods made from corn; Snack food products made from potato flour; Wonton chips; Flour based chips; Puffed cheese balls [corn snacks]; Crisps made of cereals; Seaweed flavoured corn chips; Taco chips; Corn chips” in Class 30;

“Retail services relating to food; Retail services via global computer networks related to foodstuffs; Mail order retail services related to food- stuffs; Retail services in relation to foodstuffs; Presentation of goods on communication media, for retail purposes; Retail services via catalogues related to foodstuffs” in Class 35.

Pleas in law

Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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