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Case T-343/21: Action brought on 21 June 2021 — Hewlett Packard Enterprise Development v EUIPO — Aruba (ARUBA)
ECLI:EU:UNKNOWN:62021TN0343
62021TN0343
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16.8.2021
Official Journal of the European Union
C 329/33
(Case T-343/21)
(2021/C 329/44)
Language of the case: English
Parties
Applicant: Hewlett Packard Enterprise Development LP (Houston, Texas, United States) (represented by: P. Roncaglia and N. Parrotta, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Aruba SpA (Bibbiena, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union word mark ARUBA — European Union trade mark No 14 421 598
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 March 2021 in Case R 259/2020-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs incurred by the applicant in these proceedings;
—order Aruba S.p.A. to pay the costs incurred by the applicant in these proceedings.
Plea in law
—Infringement of Article (8)(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with respect to the assessment of the similarities between the conflicting signs.