Action brought on 25 March 2023 — Schönegger Käse-Alm v EUIPO — Jumpseat3D plus Germany (Rebell)

(Case T-161/23)

(2023/C 173/50)

Language in which the application was lodged: German

Parties

Applicant: Schönegger Käse-Alm GmbH (Prem, Germany) (represented by: M.-C. Seiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Jumpseat3D plus Germany GmbH (Berlin, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark Rebell — EU trade mark No 2 810 950

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 13 January 2023 in Case R 295/2022-1

Form of order sought

The applicant claims that the Court should:

—

annul the contested decision in so far as EU trade mark No 2 810 950 Rebell is declared invalid for the following goods in Class 29: ‘Milk products, in particular butter, butter preparations, clarified butter, butter oils, quark, quark desserts, milk products, dried milk products, dietetic foodstuffs made using milk and milk products’;

—	annul the contested decision in so far as the applicant was ordered to pay the costs of the appeal proceedings;

—	order EUIPO and Jumpseat3D plus Germany GmbH, should the other party to the proceedings intervene in the action brought against the defendant, to pay the costs, including those incurred by the applicant in the proceedings before the Board of Appeal.

Pleas in law

—	Infringement of Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with Article 21(1)(e) of Commission Delegated Regulation (EU) 2018/625;

—	Infringement of Article 58(1)(a) and (2), in conjunction with the second sentence of Article 94(1), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—	Infringement of Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council in conjunction with the fourth sentence of Article 19(1) and Article 10(3) of Commission Delegated Regulation (EU) 2018/625.