Source: EURLEX
Language: en
Format: md

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| 12.12.2016 | EN | Official Journal of the European Union | C 462/27 |

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Action brought on 6 October 2016 — La Patrouille v EUIPO — Alpha Industries (AEROBATIX)

(Case T-710/16)

(2016/C 462/35)

Language in which the application was lodged: French

Parties

Applicant: La Patrouille (Pantin, France) (represented by: A. Lakits-Josse, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Alpha Industries, Inc. (Chantilly, Virginia, United States of America)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word element ‘AEROBATIX’ — Application for registration No 13 285 952

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 July 2016 in Case R 2344/2015-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision inasmuch as it rejected the mark applied for in respect of the goods ‘clothing, shoes; headgear’ and authorise registration of the mark applied for in respect of those goods; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Lack of likelihood of confusion |

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| — | The Board of Appeal based its finding of a likelihood of confusion, in essence, on the alleged intellectual resemblances, yet they do not immediately strike the consumer. |

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| — | The Board of Appeal disregarded the importance of the word element AEROBATIX which, taken together with the figurative element, is sufficient to remove all likelihood of confusion. |

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