21.1.2019

EN

Official Journal of the European Union

C 25/43

(Case T-653/18)

(2019/C 25/56)

Language of the case: English

Parties

Applicant: Giorgio Armani SpA (Milano, Italy) (represented by: S. Martínez-Almeida y Alejos-Pita, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Felipe Domingo Asunción (Madrid, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark GIORGIO ARMANI le Sac 11 — Application for registration No 13 826 623

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 August 2018 in Case R 2462/2017-4

Form of order sought

The applicant claims that the Court should:

—alter the contested decision so as to hold that the appeal brought by the Applicant before the Board of Appeal is well founded and, consequently, that the opposition is to be rejected and the EUTM Application to be admitted; or, alternatively, annul the contested decision;

—order EUIPO and if the case might be, the intervener, to pay the costs of the proceedings and the costs of appeal incurred within the EUIPO.

Pleas in law

—Infringement of the procedural rules applicable to proceedings before EUIPO and in particular of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Articles 18 and 47(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.