Source: EURLEX
Language: en
Format: md

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| 29.7.2019 | EN | Official Journal of the European Union | C 255/55 |

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Action brought on 11 June 2019 — Palacio Domecq v EUIPO — Domecq Bodega Las Copas (PALACIO DOMECQ 1778)

(Case T-354/19)

(2019/C 255/68)

Language in which the application was lodged: Spanish

Parties

Applicant: Palacio Domecq, SL (Madrid, Spain) (represented by: A. Otero Iglesias, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Domecq Bodega Las Copas, SL (Jerez de la Frontera, Spain)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for the EU figurative mark PALACIO DOMECQ 1778 — Application for registration No 11 499 506

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 March 2019 in Case R 867/2018-1

Form of order sought

The applicant claims that the Court should:

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| — | declare the action well-founded and alter the contested decision by granting in its entirety the applicant’s appeal against the decision of the Opposition Division of EUIPO, dismissing in its entirety the cross-appeal brought by the opponent and, consequently, dismissing the intervener’s opposition in its entirety; |

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| — | in the alternative, and if appropriate, annul the contested decision and refer the case back to the Board of Appeal of EUIPO in order for it to adopt a new decision; |

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| — | order EUIPO to pay the costs of the proceedings before the Court and the Board of Appeal; |

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| — | order the intervener to pay the costs incurred by Palacio Domecq, SL in the opposition proceedings and in the appeal before the Board of Appeal. |

Pleas in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and of Article 25(5) of the Delegated Regulation.

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