Official Journal of the European Union

C 296/35

(Case T-336/16)

(2016/C 296/45)

Language in which the application was lodged: Italian

Parties

Applicant: Versace 19.69 Abbigliamento Sportivo Srl (Busto Arsizio, Italy) (represented by: F. Caricato, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gianni Versace SpA (Milan, Italy)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘VERSACE 19.69 ABBIGLIAMENTO SPORTIVO’ — Application for registration No 11 992 435

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 6 April 2016 in Case R 1005/2015-1

Form of order sought

The applicant claims that the Court should:

—uphold the present action;

—annul the contested decision and, consequently, register mark No 11 992 435 in respect of all the goods claimed, without prejudice to those already granted;

—order the other party to pay the costs.

Plea in law

—The applicant maintains that the decision of 6 April 2016 is vitiated by the scant examination of the evidence demonstrating insufficient use of the marks activated by the other party, and by the failure to examine carefully the likelihood of confusion between the marks and the goods in question in the light of all the relevant factors.