| 13.12.2021 | EN | Official Journal of the European Union | C 502/37 |
Action brought on 11 October 2021 — H/2 Credit Manager v EUIPO — Hcapital Partners SCR (H/2 CAPITAL PARTNERS)
(Case T-656/21)
(2021/C 502/55)
Language of the case: English
Parties
Applicant: H/2 Credit Manager LP (Stamford, Connecticut, United States) (represented by: S. Malynicz, Barrister-at-Law, and J. Bittner, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hcapital Partners SCR, SA (Lisbon, Portugal)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union word mark H/2 CAPITAL PARTNERS — Application for registration No 17 599 374
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 16 July 2021 in Case R 1954/2019-5
Form of order sought
The applicant claims that the Court should:
| — | annul the contested decision; |
| — | order EUIPO and the other party (if it takes part in these proceedings) to pay the costs. |
Pleas in law
| — | The Board of Appeal wrongly held that the relevant public included the general public; |
| — | The Board of Appeal failed to consider the two marks as respective wholes, taking account of their dominant and distinctive elements. |