29.7.2019 |
EN |
Official Journal of the European Union |
C 255/55 |
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; |
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order EUIPO to pay the costs of the proceedings before the Court and the Board of Appeal; |
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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.