# C_2017318EN.01002401.xml

| 25.9.2017 | EN | Official Journal of the European Union | C 318/24 |
| --- | --- | --- | --- |

25.9.2017

EN

Official Journal of the European Union

C 318/24

---

Action brought on 26 July 2017 — Sedes Holding v EUIPO (gratis)

(Case T-495/17)

(2017/C 318/30)

Language of the case: Dutch

Parties

Parties

Applicant: Sedes Holding AŞ (Istanbul, Turkey) (represented by: K. Ongena and C. Du Jardin, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Trade mark at issue: European Union figurative mark containing the word element ‘gratis’ — Application for EU trade mark No 15 950 637

Trade mark at issue:

Contested decision: Decision of the Second Board of Appeal of EUIPO of 30 May 2017 in Case R 507/2017-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | pursuant to Article 68 of the Rules of Procedure of the General Court, join the case dealt with in the present application with the action against the decision of EUIPO in Case R 506/2017-2 for the purposes of the oral procedure in view of the connection between them; |
| --- | --- |

—

pursuant to Article 68 of the Rules of Procedure of the General Court, join the case dealt with in the present application with the action against the decision of EUIPO in Case R 506/2017-2 for the purposes of the oral procedure in view of the connection between them;

| — | declare the action set out in the application to be admissible and well founded, and accordingly:






  — | primarily, annul the contested decision and order EUIPO to register EU trade mark application No 15 950 637 for the figurative mark GRATIS in the trade mark register for all goods claimed under that registration; |
| --- | --- | --- |

—

declare the action set out in the application to be admissible and well founded, and accordingly:

—

primarily, annul the contested decision and order EUIPO to register EU trade mark application No 15 950 637 for the figurative mark GRATIS in the trade mark register for all goods claimed under that registration;

| — | in the alternative, annul the contested decision and order EUIPO to register EU trade mark application No 15 950 637 for the figurative mark GRATIS in the trade mark register for ‘perfumery, cosmetic products, fragrances and deodorants for personal use’; |
| --- | --- |

—

in the alternative, annul the contested decision and order EUIPO to register EU trade mark application No 15 950 637 for the figurative mark GRATIS in the trade mark register for ‘perfumery, cosmetic products, fragrances and deodorants for personal use’;

perfumery, cosmetic products, fragrances and deodorants for personal use

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

Pleas in law

| — | infringement of Article 7(1)(b) and 7(2) of Regulation No 207/2009; |
| --- | --- |

—

infringement of Article 7(1)(b) and 7(2) of Regulation No 207/2009;

| — | infringement of the general principles of EU law. |
| --- | --- |

—

infringement of the general principles of EU law.

---