# C_2017195EN.01003002.xml

| 19.6.2017 | EN | Official Journal of the European Union | C 195/30 |
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19.6.2017

EN

Official Journal of the European Union

C 195/30

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Action brought on 10 March 2017 — Claro Sol Cleaning v EUIPO — Solemo (Claro Sol Facility Services desde 1972)

(Case T-159/17)

(2017/C 195/43)

Language in which the application was lodged: English

Parties

Parties

Applicant: Claro Sol Cleaning, SLU (Madrid, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Solemo Oy (Helsinki, Finland)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Applicant of the trade mark at issue:

Trade mark at issue: EU figurative mark ‘Claro Sol Facility Services desde 1972’ — Application for registration No 13 318 993

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the First Board of Appeal of EUIPO of 9 January 2017 in Case R 478/2016-1

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | set aside the Decision of the First Board of Appeal of the European Union Intellectual Property Office of 9 January 2017 in Case R 478/2016-1, which partially upheld the appeal filed by Solemo Oy and partially annulled the decision ruling on opposition No. B 2472267, against the European Union trademark application No. 13.318.993 ‘Claro Sol Facility Services desde 1972’ property of the appellant, by virtue of which the said trademark has been entirely rejected in classes 37 and 39 and partially rejected in class 35; |
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set aside the Decision of the First Board of Appeal of the European Union Intellectual Property Office of 9 January 2017 in Case R 478/2016-1, which partially upheld the appeal filed by Solemo Oy and partially annulled the decision ruling on opposition No. B 2472267, against the European Union trademark application No. 13.318.993 ‘Claro Sol Facility Services desde 1972’ property of the appellant, by virtue of which the said trademark has been entirely rejected in classes 37 and 39 and partially rejected in class 35;

| — | grant the application for registration of the European Union trademark No. 13.318.993 ‘Claro Sol Facility Services desde 1972’ for all services covered in classes 35, 37 and 39, due to the lack of existence of likelihood of confusion on the part of the public in the territory in which the earlier national trademark, registered in Finland under No. 250.356 ‘SOL’, property of the intervener, is protected; |
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grant the application for registration of the European Union trademark No. 13.318.993 ‘Claro Sol Facility Services desde 1972’ for all services covered in classes 35, 37 and 39, due to the lack of existence of likelihood of confusion on the part of the public in the territory in which the earlier national trademark, registered in Finland under No. 250.356 ‘SOL’, property of the intervener, is protected;

| — | order the intervener to bear the costs of the procedure. |
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order the intervener to bear the costs of the procedure.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
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Infringement of Article 8(1)(b) of Regulation No 207/2009.

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