Source: EURLEX
Language: en
Format: md

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| 26.2.2018 | EN | Official Journal of the European Union | C 72/44 |

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Action brought on 9 January 2018 — Holzer y Cia v EUIPO — Annco (AT ANN TAYLOR)

(Case T-4/18)

(2018/C 072/56)

Language in which the application was lodged: English

Parties

Applicant: Holzer y Cia, SA de CV (Mexico city, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Annco, Inc. (New York, New York, United States)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘AT ANN TAYLOR’ — EU trade mark No 11 197 647

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 8 November 2017 in Case R 2371/2016-2

Form of order sought

The applicant claims that the Court should:

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| — | admit the action; |

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| — | annul the contested decision; |

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| — | confirm the validity of the registration of the EUTM No 11 197 647 ‘AT ANN TAYLOR’ for all the products for which the said application sought protection; |

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| — | order the intervener to pay the costs of the procedure. |

Plea in law

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| — | The Board of Appeal erred in his analysis regarding: the existence of confusing similarity between the conflicting signs and the knowledge of the proprietor of a confusingly similar trademark when filing its application; the intentions of the proprietor at the time of filing its trademark; the probative value given to the evidences submitted by the cancellation applicant and the burden of proof. |

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