Action brought on 11 June 2019 — Palacio Domecq v EUIPO — Domecq Bodega Las Copas (PALACIO DOMECQ 1778)

(Case T-354/19)

(2019/C 255/68)

Language in which the application was lodged: Spanish

Parties

Applicant: Palacio Domecq, SL (Madrid, Spain) (represented by: A. Otero Iglesias, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Domecq Bodega Las Copas, SL (Jerez de la Frontera, Spain)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for the EU figurative mark PALACIO DOMECQ 1778 — Application for registration No 11 499 506

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 March 2019 in Case R 867/2018-1

Form of order sought

The applicant claims that the Court should:

—

declare the action well-founded and alter the contested decision by granting in its entirety the applicant’s appeal against the decision of the Opposition Division of EUIPO, dismissing in its entirety the cross-appeal brought by the opponent and, consequently, dismissing the intervener’s opposition in its entirety;

—	in the alternative, and if appropriate, annul the contested decision and refer the case back to the Board of Appeal of EUIPO in order for it to adopt a new decision;

—	order EUIPO to pay the costs of the proceedings before the Court and the Board of Appeal;

—	order the intervener to pay the costs incurred by Palacio Domecq, SL in the opposition proceedings and in the appeal before the Board of Appeal.

Pleas in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and of Article 25(5) of the Delegated Regulation.