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Case T-288/19: Action brought on 3 May 2019 — Divaro v EUIPO — Grendene (IPANEMA)
ECLI:EU:UNKNOWN:62019TN0288
62019TN0288
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24.6.2019
Official Journal of the European Union
C 213/79
(Case T-288/19)
(2019/C 213/75)
Language in which the application was lodged: Spanish
Parties
Applicant: Divaro, SA (Oviedo, Spain) (represented by: M. Santos Quintana and M. A. Fernández Munárriz, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Grendene, SA (Sobral, Brazil)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant before the General Court
Trade mark at issue: European Union figurative mark IPANEMA — Application for registration No 14 180 038
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 February 2019 in Case R 1785/2018-2
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Board of Appeal of 22 February 2019 in Case R 1785/2018-2;
—annul the decision of the Opposition Division of 10 July 2018 (opposition B 2 598 285;
—order that the opposing mark EUTM No 14 180 038 is to be registered for all the goods referred to in the application;
—order the defendant to bear its own costs and to pay the applicant’s costs.
Plea in law
Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.