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Case T-337/16: Action brought on 22 June 2016 — Versace 19.69 Abbigliamento Sportivo v EUIPO — Gianni Versace (VERSACCINO)
ECLI:EU:UNKNOWN:62016TN0337
62016TN0337
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Official Journal of the European Union
C 296/36
(Case T-337/16)
(2016/C 296/46)
Language in which the application was lodged: Italian
Parties
Applicant: Versace 19.69 Abbigliamento Sportivo Srl (Busto Arsizio, Italy) (represented by: F. Caricato, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Gianni Versace SpA (Milan, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark containing the word element ‘VERSACCINO’ — Application for registration No 11 957 685
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 6 April 2016 in Case R 1172/2015-1
Form of order sought
The applicant claims that the Court should:
—uphold the present action;
—annul the contested decision and, consequently, register mark No 11 957 685 in respect of all the goods claimed, without prejudice to those already granted;
—order the other party to pay the costs.
Plea in law
—The applicant maintains that the decision of 6 April 2016 is undermined from the outset and is vitiated by the scant examination of the evidence, and especially by a superficial examination of the marks as regards the confusion of the Italian language to which EUIPO appears to make reference.