(Case T-323/18)

Language in which the application was lodged: German

Parties

Applicant: Fomanu AG (Neustadt a.d. Waldnaab, Germany) (represented by: S. Reichart, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Fujifilm Imaging Germany GmbH & Co. KG (Willich, Germany)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark No 5 481 403

Procedure before EUIPO: Invalidity proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 16 March 2018 in Case R 2241/2016-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in so far as it declared the contested EU trade mark to have expired for the following goods and services:

Class 9 — CDs; DVDs; computer programs and software, in particular software for the exchange, storage, reproduction and systematic capture of data;

Class 16 — Printed matter included in Class 16, excluding printed matter customised with personal photos (in particular photo books, photo calendars, photo canvases, photo puzzles, photo notebooks and photo folders);

Class 38 — Providing access to a computer database for downloading information via electronic media (the Internet); computer-aided transmission of messages and images;

Class 40 — Bookbinding;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of Article 58(1)(a) and (2), in conjunction with Article 18(1), of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 19(1), in conjunction with Article 10, of Commission Delegated Regulation (EU) 2017/1430.