10.8.2020

Official Journal of the European Union

C 262/35

(Case T-387/20)

(2020/C 262/48)

Language of the case: English

Parties

Applicant: DK Company A/S (Ikast, Denmark) (represented by: S. Hansen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Hunter Boot Ltd (Edinburgh, United Kingdom)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for European Union figurative mark DENIM HUNTER — Application for registration No 14 649 891

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 3 April 2020 in Case R 849/2018-2

Form of order sought

The applicant claims that the Court should:

—reverse the contested decision in its entirety;

—order EUIPO to bear the costs including cost incurred by the applicant.

Pleas in law

—The Board of Appeal has erred in the assessment of the consequence of the (administrative) limitation of the goods in the applicant’s trademark application, and the impact of the figurative element in the applicant’s mark;

—The Board of Appeal completely ignored the fact that the General Court had already assessed the distinctiveness of the word ‘HUNTER’ for goods in class 25.