10.4.2017

Official Journal of the European Union

C 112/40

Action brought on 26 January 2017 — France.com v EUIPO — France (FRANCE.com)

(Case T-71/17)

(2017/C 112/56)

Language in which the application was lodged: English

Parties

Applicant: France.com, Inc. (Coral gables, Florida, Unite States) (represented by: A. Bertrand, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: French Republic

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘FRANCE.com’ — Application for registration No 13 158 597

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 20 October 2016 in Case R 2452/2015-1

Form of order sought

The applicant claims that the Court should:

—

submit the following preliminary questions to the Court of Justice: (i) In the light of Articles 8(2) and 41(1) of the European Trade Marks Regulation and of Rules 15(2)(b) and 17 of the European Union Trade Marks Implementing Regulation, in an opposition procedure, does the Applicant, as the defendant to the opposition have the right to invoke prior rights, which could constitute prior rights to the earlier trademark used as a prior right in the opposition? (ii) Does the French State have any kind of prior intellectual property right on the word ‘France’ which is not the official name of the French State and which is just a geographical entity? (iii) If the answer to the question (ii) is ‘No’, should the name ‘France’ be considered as a word which is in the public domain and on which no one can claim any intellectual property right? (iv) If the answer to the question (ii) is ‘Yes’, should the fact that the French State as of this day has never claim any rights in the word ‘France’ except against France.com be considered as a discrimination against the Applicant?

—	annul the contested decision;

—	rejects the opposition filed by the French State against the registration of the European semi-figurative trademark ‘France.com’ applied for by France.com Inc.;

—	dismiss the action as to the remainder;

—	order EUIPO to bear its own costs and to pay those incurred by France.com Inc. for the purpose of the proceedings before the Court;

—	order EUIPO and the French State each to pay half of the costs necessarily incurred by France.com Inc. for the purpose of the proceedings before the Board of Appeal of EUIPO.

Pleas in law

—	Infringement of Articles 8(1), 8(2) and 41(1) of Regulation No 207/2009;

—	Infringement of Rules 15(2)(b) and 17 of Regulation No 2868/95.