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Case T-419/17: Action brought on 4 July 2017 — Mendes v EUIPO — Actial Farmaceutica (VSL#3)
ECLI:EU:UNKNOWN:62017TN0419
62017TN0419
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21.8.2017
Official Journal of the European Union
C 277/55
(Case T-419/17)
(2017/C 277/80)
Language in which the application was lodged: Italian
Parties
Applicant: Mendes SA (Lugano, Switzerland) (represented by: G. Carpineti, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Actial Farmaceutica Srl (Rome, Italy)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union word mark ‘VSL#3’ — European Union trade mark No 1 437 789
Procedure before EUIPO: Revocation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 3 May 2017 in Case R 1306/2016-2
Form of order sought
The applicant claims that the Court should:
—primarily, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(b) EUTMR;
—in the alternative, annul the contested decision of the Board of Appeal of EUIPO in accordance with and for the purposes of Article 51(1)(c) EUTMR;
—in any event, order that the applicant should be reimbursed in full for the costs of the proceedings, or at least that each party should bear its own costs in full.
Plea in law
—Infringement of Article 51(1)(b) and (c) of Regulation No 207/2009.