Action brought on 25 July 2023 – Chiquita Brands v EUIPO – Compagnie financière de participation (Device of blue and yellow ovaloid shape)

(Case T-426/23)

Language in which the application was lodged: English

Parties

Applicant: Chiquita Brands LLC (Fort Lauderdale, Florida, United States) (represented by: R. Dissmann and L. Jones, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Compagnie financière de participation (Marseille, France)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark (Device of blue and yellow ovaloid shape – European Union trade mark No 7 497 191

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 23 May 2023 in Case R 2243/2021-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision and reject the application for declaration of invalidity to the extent the trade mark at issue was declared invalid;

order EUIPO to pay the costs, including those incurred in the proceedings before EUIPO.

Pleas in law

Infringement of Articles 4 and 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the inherent distinctiveness of the trade mark at issue;

Infringement of Articles 7(3) and 59(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with regard to the acquired distinctiveness of the trade mark at issue.

____________