# C_2017095EN.01001702.xml

| 27.3.2017 | EN | Official Journal of the European Union | C 95/17 |
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27.3.2017

EN

Official Journal of the European Union

C 95/17

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Action brought on 23 January 2017 — Camomilla v EUIPO — CMT (CAMOMILLA)

(Case T-44/17)

(2017/C 095/27)

Language in which the application was lodged: Italian

Parties

Parties

Applicant: Camomilla Srl (Buccinasco, Italy) (represented by: M. Mussi and H. Chiappetta, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: CMT Compagnia manifatture tessili Srl (CMT Srl) (Naples, Italy)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Proprietor of the trade mark at issue:

Trade mark at issue: European Union word mark ‘CAMOMILLA’ — European Union trade mark No 7 077 555

Trade mark at issue:

Procedure before EUIPO: Proceedings for a declaration of invalidity

Procedure before EUIPO

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 21 November 2016 in Case R 2250/2015-5

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | alter the contested decision so that CMT’s application for a declaration of invalidity is rejected in full; |
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alter the contested decision so that CMT’s application for a declaration of invalidity is rejected in full;

| — | in the alternative, alter the contested decision so that the application for a declaration of invalidity is rejected also in respect of the goods ‘Class 18: articles in these materials (leather and its imitations) not included in other classes, backpacks, key-holders (leather goods), briefcases, wallets, purses not of precious metal, bags, vanity cases, cases and evening bags; Class 25: Clothing, footwear, headgear, gloves, shawls, stoles, bathrobes’; |
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in the alternative, alter the contested decision so that the application for a declaration of invalidity is rejected also in respect of the goods ‘Class 18: articles in these materials (leather and its imitations) not included in other classes, backpacks, key-holders (leather goods), briefcases, wallets, purses not of precious metal, bags, vanity cases, cases and evening bags; Class 25: Clothing, footwear, headgear, gloves, shawls, stoles, bathrobes’;

Class 18: articles in these materials (leather and its imitations) not included in other classes, backpacks

key-holders (leather goods), briefcases, wallets, purses not of precious metal, bags, vanity cases, cases and evening bags; Class 25: Clothing, footwear, headgear, gloves, shawls, stoles, bathrobes’;

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

| — | order EUIPO to pay the costs relating to the present proceedings before the Court, and order C.M.T. Compagnia manifatture tessili Srl to pay those relating to the proceedings before the Board of Appeal. |
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order EUIPO to pay the costs relating to the present proceedings before the Court, and order C.M.T. Compagnia manifatture tessili Srl to pay those relating to the proceedings before the Board of Appeal.

Pleas in law

Pleas in law

| — | Infringement of Article 75 of Regulation No 207/2009; |
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Infringement of Article 75 of Regulation No 207/2009;

| — | Infringement of Article 76(1) of Regulation No 207/2009; |
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Infringement of Article 76(1) of Regulation No 207/2009;

| — | Infringement of Article 53(1)(a), in conjunction with Article 8(1)(b) of Regulation No 207/2009; |
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Infringement of Article 53(1)(a), in conjunction with Article 8(1)(b) of Regulation No 207/2009;

| — | Infringement of Article 57(3), in conjunction with Article 57(2) of Regulation No 207/2009. |
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Infringement of Article 57(3), in conjunction with Article 57(2) of Regulation No 207/2009.

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