Action brought on 4 October 2021 – Apart v EUIPO – S. Tous (Representation of the outline of a bear)

(Case T-638/21)

Language of the case: English

Parties

Applicant: Apart sp. z o.o. (Suchy Las, Poland) (represented by: J. Gwiazdowska, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: S. Tous, SL (Manresa, Spain)

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 (Representation of the outline of a bear) – European Union trade mark No 8 127 144

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 30 July 2021 in Case R 1437/2020-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision as a whole and alter the decision by revocation of the trade mark at issue;

alternatively, annul the contested decision as a whole and refer of the case back to the Board of Appeal;

order EUIPO and S. TOUS, S.L. to pay the costs of the appeal proceedings and those of the proceedings before the General Court.

Pleas in law

Infringement of Article 51(1)(a) in conjunction with Article 15(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 94(1) and Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by lack of the reasons on which the assumptions about the character of the contested trademark are based;

Infringement of Article 20 and Article 41(1) and (2)(a) and (c) of Charter of Fundamental Rights of the European Union in particular the right to be heard, the obligation of the administration to give reasons for its decisions, the principles of good administration, legal certainty and equal treatment.

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