Action brought on 1 August 2023 — Blue Underwriting Agency v EUIPO — Blue Assistance (blue is underwriting)

(Case T-447/23)

(2023/C 329/44)

Language in which the application was lodged: Italian

Parties

Applicant: Blue Underwriting Agency Srl (Milan, Italy) (represented by: M. Pappalardo and D. De Pasquale, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Blue Assistance SpA (Turin, Italy)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for EU figurative mark blue is underwriting — Application No 17 541 798

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 June 2023 in Case R 612/2022-4

Forms of order sought

The applicant claims that the Court should:

—	annul the contested decision;

—

consequently, by way of alteration of the contested decision, declare as unfounded the opposition brought by Blue Assistance SpA, directed against all the services covered by the application for registration of EU mark No 17 541 798 lodged by Blue Underwriting Agency Srl on 28 November 2017, and, therefore, reject it in its entirety;

—	order EUIPO and/or the other party to the proceedings to pay the costs of the present proceedings and those incurred before the Opposition Division and the Board of Appeal.

Plea in law

—	Infringement of Article 8(1)(b) of Regulation No 2017/1001 of the European Parliament and of the Council.