| EN | |
| C 121/12 | |
| Official Journal of the European Union | |
| 3.4.2023 | |
| Form of order sought | |
| The applicant claims that the Court should: | |
| — annul the contested decision; | |
| — order EUIPO to pay the costs. | |
| Plea in law | |
| — Infringement of Article 47(2) and (3) read in conjunction with Article 8(2)(a)(iii) of Regulation (EU) 2017/1001 of the | |
| European Parliament and of the Council. | |
| Action brought on 15 February 2023 — Oriflame Cosmetics v EUIPO — Caramé Holding | |
| (Representation of a stylised O) | |
| (Case T-74/23) | |
| (2023/C 121/16) | |
| Language in which the application was lodged: English | |
| Parties | |
| Applicant: Oriflame Cosmetics AG (Schaffhausen, Switzerland) (represented by: N. Gerling and U. Pfleghar, lawyers) | |
| Defendant: European Union Intellectual Property Office (EUIPO) | |
| Other party to the proceedings before the Board of Appeal: Caramé Holding AG (Sulzbach, Germany) | |
| Details of the proceedings before EUIPO | |
| Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal | |
| Trade mark at issue: International registration designating the European Union in respect of a figurative mark (Representation | |
| of a stylised O) — International registration designating the European Union No 1 303 496 | |
| Procedure before EUIPO: Opposition proceedings | |
| Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 December 2022 in Case R 938/2022-2 | |
| Form of order sought | |
| The applicant claims that the Court should: | |
| — annul the contested decision and the decision of the Opposition Division of EUIPO of 4 April 2022 and refuse | |
| international registration designating the European Union No 1 303 496; | |
| — Order EUIPO and the intervener to pay the costs incurred by the applicant in addition to bearing their own costs. | |
| Pleas in law | |
| — Infringement of Article 47(2) and (3) of Regulation (EU) 2007/1001 of the European Parliament and of the Council; | |
| — Infringement of Article 10(2) of Commission Delegated Regulation (EU) 2018/625. | |