29.8.2016

EN

Official Journal of the European Union

C 314/34

(Case T-372/16)

(2016/C 314/46)

Language in which the application was lodged: German

Parties

Applicant: Alexander Bammer (Sindelfingen, Germany) (represented by: W. Riegger, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: mydays GmbH (Munich, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union word mark ‘Männerspielplatz’ — European Union trade mark No 8 534 364

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 April 2016 in Case R 1796/2016-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO to pay the costs, including the costs incurred in the course of the appeal proceedings.

Pleas in law

—The Board of Appeal’s decision did not focus on the time of the application for registration in September 2009;

—The Board of Appeal did not sufficiently and appropriately take into account the extensive indicative value of the decisions of the Stuttgart courts;

—The Board of Appeal did not correctly assess the documents from 2009 notably as regards also the reasoning of the Stuttgart courts;

—In its reasoning, the Board of Appeal overlooked the fact that it imputed to the contested mark a meaning which, in any case, it did not have in 2009, on account of the fact that the designation showed no connection in particular to the registered goods and services;

—The mark at issue therefore has a distinctive character and is not descriptive of the registered goods and services.