Judgment — ECLI:EU:T:2018:683
Date: 2018-10-16
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Action brought on 17 March 2017 – M & K v EUIPO – Genfoot (KIMIKA) (Case T-171/17) Language in which the application was lodged: English Parties Applicant: M & K Srl (Prato, Italy) (represented by: F. Caricato, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Genfoot, Inc. (Montreal, Québec, Canada) Details of the proceedings before EUIPO Applicant of the trade mark at issue: Applicant Trade mark at issue: EU word mark ‘KIMIKA’ – Application for registration No 13 233 391 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 January 2017 in Case R 1206/2016-4 Form of order sought The applicant claims that the Court should: recognize and declare that the recourse presented by the applicant is admissible and well founded; and consequently reform the contested decision; send the case back to EUIPO for a reforming decision and therefore give way to a definitive registration of the EU trade mark No 13 233 391 even in the classes contested; condemn the counterpart to pay fees and costs of the three proceeding. Pleas in law Infringement of Article 15 of Regulation No 207/2009; The Board of Appeal erred when it assessed the risk of confusion between the trade marks. ____________