Source: EURLEX
Language: en
Format: md

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| 26.2.2018 | EN | Official Journal of the European Union | C 72/40 |

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Action brought on 20 December 2017 — Etnia Dreams v EUIPO — Poisson (Etnik)

(Case T-823/17)

(2018/C 072/51)

Language in which the application was lodged: Spanish

Parties

Applicant: Etnia Dreams SL (Valencia, Spain) (represented by: P. Gago Comes, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Serge Poisson (Limal, Belgium)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark ‘Etnik’ — Application for registration No 15 721 301.

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 October 2018 in Case R 880/2017-4

Form of order sought

The applicant claims that the Court should, as a consequence of the claim being upheld, give a new judgment allowing opposition No B 2 791 229 and therefore, after the appropriate legal formalities, reject the application for registration of the EU trademark No 15 721 301 ‘Etnik’ for Classes 3 and 35, under Articles 8(1)(a) and (b) of the EUTMR, as there is a likelihood of confusion with the Community trade mark No 11 017 241, the proprietor of which is Etnia Dreams SL.

Pleas in law

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| — | The basis of the opposition clearly falls within Article 8(1)(b) of Regulation No 207/2009; |

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| — | The defendant should have applied the final subparagraph of Rule 17(3) and (4) of Regulation No 2868/95 and therefore should have informed the applicant of the defect in order for it to be remedied within the period of two months. |

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| — | Infringement of Articles 41 and 42 of Regulation No 207/2009. |

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| — | Breach of Articles 10, 41, 47 and 48(2) of the Charter of Fundamental Rights of the European Union. |

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| — | Breach of the principles of good faith and protection of legitimate expectations. |

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