Official Journal of the European Union

C 320/27

(Case T-493/20)

(2020/C 320/58)

Language in which the application was lodged: Spanish

Parties

Applicant: Sfera Joven, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Andrzej Koc (Kobyłka, Poland)

Details of the proceedings before EUIPO

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

Trade mark at issue: Application for the EU word mark SFORA WEAR — Application for registration No 15 853 245

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 15 May 2020 in Case R 2030/2019-1

Form of order sought

The applicant claims that the General Court should:

—annul the contested decision, in so far as, by dismissing the appeal brought by the opponent, it upholds the decision of the Opposition Division handed down in the opposition proceedings B 2 834 862, granting in part the EU trade mark No 15 853 245 SFORA WEAR (word), to distinguish specific goods in Classes 18 and 25;

—order any party or parties opposing this action to pay the costs.

Pleas in law

—Inadequate assessment of the evidence of use of the opposing mark, and infringement of Article 10(4) of Commission Delegated Regulation (EU) 2018/625.

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and breach of the classification criteria laid down in the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (in its most recent version), together with the Explanatory Notes and Class Analysis prepared by WIPO.