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Case T-104/17: Action brought on 15 February 2017 — Apple v EUIPO — Apo International (apo)
ECLI:EU:UNKNOWN:62017TN0104
62017TN0104
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Valentina R., lawyer
24.4.2017
EN
Official Journal of the European Union
C 129/23
(Case T-104/17)
(2017/C 129/36)
Language in which the application was lodged: English
Parties
Applicant: Apple Inc. (Cupertino, California, United States) (represented by: J. Olsen and P. Andreottola, Solicitors, and G. Tritton, Barrister)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Apo International Co. Ltd (Taipei City, Taiwan)
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 containing the word element ‘apo’ — Application for registration No 11 293 628
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 1 December 2016 in Case R 698/2016-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—uphold the Applicant’s appeal against the contested decision in its entirety;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Articles 8(1)(b) and (5) of Regulation No 207/2009;
—The contested decision offends against the principle of reformatio in peius;
—The Board of Appeal erred in finding that the passing off claim under Article 8(4) was not substantiated.