29.8.2016

Official Journal of the European Union

C 314/34

Action brought on 11 July 2016 — Bammer v EUIPO — mydays (Männerspielplatz)

(Case T-372/16)

(2016/C 314/46)

Language in which the application was lodged: German

Parties

Applicant: Alexander Bammer (Sindelfingen, Germany) (represented by: W. Riegger, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: mydays GmbH (Munich, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union word mark ‘Männerspielplatz’ — European Union trade mark No 8 534 364

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 April 2016 in Case R 1796/2016-1

Form of order sought

The applicant claims that the Court should:

—	annul the contested decision;

—	order EUIPO to pay the costs, including the costs incurred in the course of the appeal proceedings.

Pleas in law

—	The Board of Appeal’s decision did not focus on the time of the application for registration in September 2009;

—	The Board of Appeal did not sufficiently and appropriately take into account the extensive indicative value of the decisions of the Stuttgart courts;

—	The Board of Appeal did not correctly assess the documents from 2009 notably as regards also the reasoning of the Stuttgart courts;

—	In its reasoning, the Board of Appeal overlooked the fact that it imputed to the contested mark a meaning which, in any case, it did not have in 2009, on account of the fact that the designation showed no connection in particular to the registered goods and services;

—	The mark at issue therefore has a distinctive character and is not descriptive of the registered goods and services.