Action brought on 27 March 2024 – Quality is Our Recipe v EUIPO – Granizados Maresme (Frosty)

(Case T-168/24)

Language in which the application was lodged: Spanish

Parties

Applicant: Quality is Our Recipe LLC (Dublin, Ohio, United States) (represented by: A. Ortiz López and M. Polo Carreño, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Granizados Maresme SLL (Pineda de Mar, Spain)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU figurative mark Frosty – Application for registration No 18 190 328

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 30 January 2024 in Case R 1086/2023-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO and the opponent to pay the costs incurred in both the opposition and appeal proceedings that gave rise to the present action, in addition to the costs incurred in the latter.

Pleas in law

Infringement of Article 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and incorrect assessment of the proof of use in accordance with Article 10(3) of Commission Delegated Regulation (EU) 2018/625;

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

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