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Case T-744/18: Action brought on 20 December 2018 — Oakley v EUIPO — Xuebo Ye (Representation of a discontinuous ellipse)
ECLI:EU:UNKNOWN:62018TN0744
62018TN0744
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Official Journal of the European Union
C 65/45
(Case T-744/18)
(2019/C 65/58)
Language in which the application was lodged: Spanish
Parties
Applicant: Oakley (Foothill Ranch, California, United States) (represented by: E. Ochoa Santamaría and I. Aparicio Martínez, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Xuebo Ye (Wenzhou, China)
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 figurative mark (Representation of a discontinuous ellipsis) — Application for registration No 13 088 191
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of EUIPO of 22 October 2018 in Case R 692/2018-1
Form of order sought
The applicant claims that the Court should:
—declare the application admissible, together with all the associated documents;
—rule that the evidence offered may be submitted;
—grant the application, annulling the contested decision;
—order EUIPO to pay the costs.
Pleas in law
Infringement of Article 8(1)(b) and Article 72(6) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.