Communication: new case No. 0063 of 2022

IDENTIFIER
62022TN0063
LANGUAGE
English
COURT
General Court
AG OPINION
NO
REFERENCES MADE
1
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



4.4.2022   

EN

Official Journal of the European Union

C 148/33


Action brought on 1 February 2022 — Brooks England v EUIPO — Brooks Sports (BROOKS ENGLAND)

(Case T-63/22)

(2022/C 148/44)

Language in which the application was lodged: English

Parties

Applicant: Brooks England Ltd (Smethwick, United Kingdom) (represented by: S. Feltrinelli, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Brooks Sports, Inc. (Seattle, Washington, United States)

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 figurative mark BROOKS ENGLAND — Application for registration No 3 298 321

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 22 November 2021 in Case R 2432/2020-4

Form of order sought

The applicant claims that the Court should:

uphold the action brought by the plaintiff;

entirely annul the contested decision and therefore declare that the contested sign should be registered for all the contested goods;

as a subordinary request, to partially annul the contested decision declaring that the contested sign should be registered for at least the contested goods in class 18;

order EUIPO to reimburse all legal expenses borne by the plaintiff in connection with the previous and present proceedings.

Pleas in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the likelihood of confusion between the contested sign and the earlier trademark;

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the evidence of use of the earlier trademark;

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the comparison of the goods;

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by erroneously assessing the comparison of the signs and risk of association.



Citations

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