Source: EURLEX
Language: en
Format: md

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| 12.12.2016 | EN | Official Journal of the European Union | C 462/26 |

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Action brought on 6 October 2016 — La Patrouille v EUIPO — Alpha Industries (Representation of an angular figure)

(Case T-709/16)

(2016/C 462/34)

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 — Application for registration No 11 778 727

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 July 2016 in Case R 2332/2015-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision inasmuch as it ‘[annulled] the contested decision and [rejected] the opposition insofar as it concerns registration of the mark at issue for the following goods: ‘school bags; briefcases; school satchels’ in Class 18 and ‘[rejected] the remainder of the appeal’ and authorise registration of the mark applied for in respect of all the goods; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Lack of likelihood of confusion between the marks at issue; |

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

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