Action brought on 9 September 2022 – Noah Clothing v EUIPO – Noah (NOAH)

(Case T-562/22)

Language in which the application was lodged: English

Parties

Applicant: Noah Clothing LLC (New York, New York, United States) (represented by: W. Leppink, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Yannick Noah (Feucherolles, France)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark NOAH – European Union trade mark No 5 620 968

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 12 July 2022 in Case R 504/2021-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision in so far as it rejects the application for a declaration of revocation with regard to the goods ‘polo shirts’ and ‘sweaters’ in Class 25;

annul the contested decision in so far as it dismisses the cross-appeal;

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 19(1), 3rd sentence, and Article 10(7) of Commission Delegated Regulation (EU) 2018/625 and with Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Infringement of Article 58(1)(a) and of Article 18(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in relation to the cross-appeal filed by the applicant before the Board of Appeal.

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