Action brought on 15 April 2024 – Piping Hot v EUIPO – Pripd (SEA BY PIPING HOT)

(Case T-202/24)

Language in which the application was lodged: English

Parties

Applicant: Piping Hot Ltd (Kowloon, Hong Kong, China) (represented by: J. Mietzel, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Pripd LLC (Ronkonkoma, New York, United States)

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 figurative mark SEA BY PIPING HOT – Application for registration No 18 536 921

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 15 February 2024 in Case R 1038/2023-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

declare the registration of the mark at issue as being possible in respect of all contested goods and services;

order EUIPO and the other party to the proceedings before the Board of Appeal to pay the costs, including the costs of the proceedings before the Board of Appeal and of the opposition proceedings.

Plea in law

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

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