(Case T-267/18)

Language in which the application was lodged: English

Parties

Applicant: Iceland Foods Ltd (Deeside, United Kingdom) (represented by: S. Malynicz, QC, J. Hertzog, C. Hill and J. Warner, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Íslandsstofa (Reykjavik, Iceland)

Details of the proceedings before EUIPO

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

Trade mark at issue: EU figurative mark INSPIRED BY ICELAND — Application for registration No 14 350 094

Procedure before EUIPO: Opposition proceedings

Contested decision: Interim Decision of the Fifth Board of Appeal of EUIPO of 7 February 2018 in Case R 340/2017-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO and the other party to bear their own costs and pay those of the applicant.

Pleas in law

—Infringement of Article 71 of Regulation No 2017/1001 by failing to decide the appeal;

—Infringement of an essential procedural requirement under Article 72 of Regulation No 2017/1001 in that the Board acted contrary to the principles of procedural economy and fairness in deciding to remit the case for re-examination of the contested mark on absolute grounds, while also pre-judging the applicability of absolute grounds without hearing from the applicant for annulment, thereby acting contrary to the principle of audi alteram partem.