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Case T-137/18: Action brought on 2 March 2018 — Chrome Hearts v EUIPO — Shenzhen Van St. Lonh Jewelry (Representation of a cross)
ECLI:EU:UNKNOWN:62018TN0137
62018TN0137
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14.5.2018
Official Journal of the European Union
C 166/35
(Case T-137/18)
(2018/C 166/45)
Language in which the application was lodged: English
Parties
Applicant: Chrome Hearts LLC (Hollywood, California, United States) (represented by: M. de Justo Bailey, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Shenzhen Van St. Lonh Jewelry Co. Ltd (Shenzhen, China)
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 (Representation of a cross) — Application for registration No 13 845 871
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 December 2017 in Case R 766/2017-5
Form of order sought
The applicant claims that the Court should:
—partially annul the contested decision;
—order EUIPO (and Intervener, if he enters an appearance in proceedings) to pay the costs.
Pleas in law
—Infringement of Article 94(1) of Regulation No 2017/1001;
—Infringement of Article 95(1) of Regulation No 2017/1001;
—Infringement of Article 8(5) of Regulation No 2017/1001;
—Infringement of Article 8(1) (b) of Regulation No 2017/1001, in as far as the contested goods ‘air fragrancing preparations’ and ‘dentifrices’ is concerned.