Action brought on 6 December 2023 – Ferrero Deutschland v EUIPO – Kondyterska korporatsiia “Roshen” (ROSHEN CONFECTIONERY CORP.)

(Case T-1140/23)

Language in which the application was lodged: English

Parties

Applicant: Ferrero Deutschland GmbH (Frankfurt am Main, Germany) (represented by: M. Kefferpütz and K. Wagner, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Dochirnie pidpryiemstvo Kondyterska korporatsiia “Roshen” (Kyiv, Ukraine)

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 figurative mark ROSHEN CONFECTIONERY CORP. – Application for registration No 18 026 424

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 October 2023 in Case R 2428/2022-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision and reject the trade mark application at issue in its entirety;

order EUIPO and the other party to the proceedings before the Board of Appeal, in case that the latter decides to intervene, to bear their own costs;

order EUIPO and the other party to the proceedings before the Board of Appeal, in case that the latter decides to intervene, to pay the costs incurred by the applicant;

in the alternative, remit the case to the Board of Appeal.

Pleas in law

Erroneous admission of evidence;

Incomplete determination of the relevant public;

Misjudgement of the use of ‘Rocher’ as an independent trade mark;

Misjudgement of the independent distinctive character of ‘Rocher’ within ‘Ferrero Rocher’;

Failure to establish the presence of a likelihood of confusion.

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