Judgment — ECLI:EU:T:2018:264
Date: 2018-05-08
Language of the case: Spanish
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Italy

Action brought on 7 October 2016 — Luxottica Group v EUIPO — Chen (BeyBeni) (Case T-721/16) Language in which the application was lodged: Spanish Parties Applicant: Luxottica Group S.p.A. (Milan, Italy) (represented by: E.M. Ochoa Santamaría and I. Aparicio Martínez, lawyers) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Xian Chen (Wenzhou, China) Details of the proceedings before EUIPO Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal Trade mark at issue: European Union figurative mark containing the word element ‘BeyBeni’ — Application for registration No 12 511 317 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 8 June 2016 in Case R 675/2015-5 Form of order sought The applicant claims that the Court should: uphold the application by annulling the decision of the Fifth Board of Appeal of EUIPO of 8 June 2016 in Case R 675/2015-5 and by refusing registration of the EU trade mark No 12 511 317 ‘BeyBeni’ pursuant to the provisions of Article 8(5) of Regulation No 207/2009; order the defendant to pay the costs. Pleas in law Infringement of Article 8(5) of Regulation No 207/2009 in respect of the analysis of the conditions for its application. Infringement of Articles 63(2) and 75 of Regulation No 207/2009 in respect of a possible infringement of the right of the defence and the right to be heard at the appeal stage. ____________