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Case T-78/17: Action brought on 30 January 2017 — Jumbo Africa v EUIPO — ProSiebenSat.1 Licensing (JUMBO)
ECLI:EU:UNKNOWN:62017TN0078
62017TN0078
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Official Journal of the European Union
C 104/60
(Case T-78/17)
(2017/C 104/84)
Language in which the application was lodged: Spanish
Parties
Applicant: Jumbo Africa, SL (L’Hospitalet de Llobregat, Spain) (represented by: M. Buganza González and E. Torner Lasalle, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: ProSiebenSat.1 Licensing GmbH (Unterföhring, Germany)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘JUMBO’ — European Union trade mark No 10 492 131
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of EUIPO of 26 October 2016 in Case R 227/2016-1
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision;
—Order EUIPO to pay the costs.
Plea in law
—Infringement of Article 7 of Regulation No 207/2009. The applicant claims, in particular, that the trade mark ‘JUMBO’ is not subject to any of the prohibitions set out in Article 7(1) of that regulation. That mark is not descriptive of the products which it designates.