Action brought on 29 June 2021 – Sushi&Food Factor v EUIPO (READY 4YOU)

(Case T-367/21)

Language of the case: Polish

Parties

Applicant: Sushi&Food Factor sp. z o.o. (Robakowo, Poland) (represented by: J. Gwiazdowska, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU figurative mark READY 4YOU – Application No 18 210 977

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 April 2021 in Case R 2273/2020-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision in its entirety and give final judgment by approving for registration EU trade mark application No 18 210 977;

in the alternative, annul the decision of the Fifth Board of Appeal of EUIPO of 20 April 2021 in Case R 2273/2020-5 and remit the case to EUIPO for further consideration;

order EUIPO to pay the costs, including the costs incurred by the applicant in the proceedings before the Board of Appeal of EUIPO and the Operations Department of EUIPO.

Pleas in law

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 7(2) thereof;

Infringement of Article 94(1) and Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 20 of the Charter of Fundamental Rights of the European Union, as well as Article 41(1) and (2)(a) and (c) thereof, including the right to be heard, the obligation to give reasons for decisions, the right to good administration, the principle of legal certainty, and the principle of equal treatment.

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