Action brought on 31 July 2018 — Grupo Bimbo v EUIPO — Rubio Snacks (Tia Rosa)

(Case T-464/18)

(2018/C 328/74)

Language in which the application was lodged: Spanish

Parties

Applicant: Grupo Bimbo, SAB de CV (Mexico, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Rubio Snacks, SL (Bullas, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark Tia Rosa — Application for registration No 14 442 883

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 May 2018 in Case R 2739/2017-5

Form of order sought

The applicant claims that the Court should:

—

annul the contested decision, in so far as the latter confirmed the opposition 002628793 upheld against European Union figurative mark No 14 442 883 Tia Rosa in relation to the following goods in Class 30:

Cereal preparations; Tortillas; Taco chips; Tacos; Tacos; Crackers; Crackers flavoured with spices; Cereal bars; High-protein cereal bars; Cereals; Bread; Bread; Unleavened bread; Breadcrumbs; Bread rolls; Wholemeal bread; Multigrain bread; Rusks; Farinaceous foods; Snack food products consisting of cereal products; Snack food products made from maize flour; Ready to eat savory snack foods made from maize meal formed by extrusion; Snack foods made from corn; Snack foods made from wheat; Sesame snacks; Crisps made from cereals; Puffed corn snacks; Popcorn; Flavoured popcorn; The aforesaid goods expressly not including any kind of products based on potato.

—	confirm the registration of European Union trade mark No 14 442 883 Tia Rosa for all the goods in respect of which protection is claimed;

—	order EUIPO and the intervener to pay the costs and expenses of the proceedings before EUIPO and the General Court.

Plea in law

Infringement of Article 8(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.