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Case T-582/18: Action brought on 28 September 2018 — Boxer Barcelona v EUIPO — X-Technology Swiss (XBOXER)
ECLI:EU:UNKNOWN:62018TN0582
62018TN0582
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26.11.2018
EN
Official Journal of the European Union
C 427/94
(Case T-582/18)
(2018/C 427/124)
Language in which the application was lodged: Spanish
Parties
Applicant: Boxer Barcelona, SL (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: X-Technology Swiss GmbH (Wollerau, Switzerland)
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 XBOXER — Application for registration No 11 673 068
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 July 2018 in Case R 2186/2017-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law and main arguments
—Insufficiency of the evidence of use submitted by the opponent.
—Absence of confusion as regards the similarity between the opposing marks and the mark applied for.