Source: EURLEX
Language: en
Format: md

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| 24.6.2019 | EN | Official Journal of the European Union | C 213/79 |

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Action brought on 3 May 2019 — Divaro v EUIPO — Grendene (IPANEMA)

(Case T-288/19)

(2019/C 213/75)

Language in which the application was lodged: Spanish

Parties

Applicant: Divaro, SA (Oviedo, Spain) (represented by: M. Santos Quintana and M. A. Fernández Munárriz, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Grendene, SA (Sobral, Brazil)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark IPANEMA — Application for registration No 14 180 038

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 February 2019 in Case R 1785/2018-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the decision of the Board of Appeal of 22 February 2019 in Case R 1785/2018-2; |

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| — | annul the decision of the Opposition Division of 10 July 2018 (opposition B 2 598 285; |

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| — | order that the opposing mark EUTM No 14 180 038 is to be registered for all the goods referred to in the application; |

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| — | order the defendant to bear its own costs and to pay the applicant’s costs. |

Plea in law

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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