EN

Official Journal of the European Union

C 343/44

(Case T-419/16)

(2016/C 343/59)

Language in which the application was lodged: German

Parties

Applicant: Carrera Brands Ltd (Hong Kong, People’s Republic of China) (represented by: C. Markowsky, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Autec AG (Nuremberg, Germany)

Details of the procedure before EUIPO

Proprietor of the mark at issue: the applicant

Mark at issue: EU word mark ‘Carrera’ — EU trade mark No 4 630 711

Proceedings before EUIPO: revocation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 6 June 2016 in Case R 278/2015-4

Form of order sought

The applicant claims that the Court should:

—annul paragraph 2 of the operative part of the contested decision and amend it to the extent that the decision of the Cancellation Division of 21 January 2015 is annulled;

—annul the contested decision with regard to the rejection of the applicant’s request for the proceedings to be stayed; and

—in the alternative: amend the contested decision in such a way that the applicant’s request of 22 August 2014 for the proceedings to be stayed, repeated on 21 May 2015 in the appeal proceedings, is granted;

—order EUIPO to pay the costs, including those incurred in the appeal proceedings.

Pleas in law

—Infringement of Article 56(1)(a) of Regulation No 207/2009;

—Infringement of Rule 20(7)(c) of Regulation No 2868/95.