Action brought on 31 October 2021 — Peace United v EUIPO — 1906 Collins (MY BOYFRIEND IS OUT OF TOWN)

(Case T-699/21)

(2022/C 37/53)

Language in which the application was lodged: French

Parties

Applicant: Peace United Ltd (London, United Kingdom) (represented by: M. Artzimovitch, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: 1906 Collins LLC (Miami, Florida, United States)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark MY BOYFRIEND IS OUT OF TOWN — EU trade mark No 11 352 804

Procedure before EUIPO: Invalidity proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 30 July 2021 in Case R 276/2020-2

Form of order sought

The applicant claims that the Court should:

—

annul the contested decision in so far as, as a result of various errors of assessment in fact and in law, as well as a failure to fulfil the duty of good administration, the Board of Appeal found that EU trade mark No 11 352 804, MY BOYFRIEND IS OUT OF TOWN, had not been put to genuine use during the period at issue for the services claimed in Classes 41 and 43;

—	order EUIPO to pay the costs.

Pleas in law

—	Infringement of Article 63(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in that the Board of Appeal erred in its assessment of the abusive nature of the action for revocation;

—	Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in that the Board of Appeal erred in its assessment of the genuine use of the trade mark.