# C_2020129EN.01001701.xml

| 20.4.2020 | EN | Official Journal of the European Union | C 129/17 |
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20.4.2020

EN

Official Journal of the European Union

C 129/17

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Action brought on 19 February 2020 — Alvargonzález Ramos v EUIPO — Ursus-3 Capital, A.V. (URSUS Kapital)

(Case T-114/20)

(2020/C 129/22)

Language in which the application was lodged: Spanish

Parties

Applicant: Pablo Erik Alvargonzález Ramos (Madrid, Spain) (represented by: E. Sugrañes Coca, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ursus-3 Capital, A.V., SA (Madrid, Spain)

Details of the proceedings before EUIPO

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

Trade mark at issue: Figurative mark URSUS Kapital — European Union trade mark No 5 641 303

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 December 2019 in Case R 711/202019-5

Form of order sought

The applicant claims that the Court should:

| — | deliver a judgment amending the contested decision and dismissing the application for a declaration of invalidity for non-use brought against the registered European Union trade mark No 5 641 303 URSUS Kapital (figurative) in relation to ‘financial affairs’ in Class 36 and declare that trade mark No 5 641 303 has been genuinely used for ‘financial affairs’; |
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deliver a judgment amending the contested decision and dismissing the application for a declaration of invalidity for non-use brought against the registered European Union trade mark No 5 641 303 URSUS Kapital (figurative) in relation to ‘financial affairs’ in Class 36 and declare that trade mark No 5 641 303 has been genuinely used for ‘financial affairs’;

| — | in the alternative, deliver a judgment which, in addition to amending the contested decision, dismissing the application for a declaration of invalidity for non-use brought against the registered European Union trade mark No 5 641 303 URSUS Kapital (figurative) in relation to ‘financial affairs’ in Class 36, declares that trade mark No 5 641 303 has been genuinely used at least for ‘financial affairs, namely investment services, investment of funds, investment analysis, investment management and administration, investment advice and real estate investment services’. |
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in the alternative, deliver a judgment which, in addition to amending the contested decision, dismissing the application for a declaration of invalidity for non-use brought against the registered European Union trade mark No 5 641 303 URSUS Kapital (figurative) in relation to ‘financial affairs’ in Class 36, declares that trade mark No 5 641 303 has been genuinely used at least for ‘financial affairs, namely investment services, investment of funds, investment analysis, investment management and administration, investment advice and real estate investment services’.

| — | in the alternative, annul the contested decision; |
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in the alternative, annul the contested decision;

| — | order EUIPO to pay the costs of these proceedings. |
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order EUIPO to pay the costs of these proceedings.

Pleas in law

Infringement of Articles 18 and 58 Regulation (EU) 2017/1001 of the European Parliament and of the Council and Article 10 of Commission Delegated Regulation (EU) 2018/625.

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