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Case T-535/19: Action brought on 30 July 2019 — H.R. Participations v EUIPO — Hottinger Investment Management (JCE HOTTINGUER)
ECLI:EU:UNKNOWN:62019TN0535
62019TN0535
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16.9.2019
Official Journal of the European Union
C 312/48
(Case T-535/19)
(2019/C 312/40)
Language in which the application was lodged: French
Parties
Applicant: H.R. Participations SA (Luxembourg, Luxembourg) (represented by: P. Wilhelm and J. Rossi, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Hottinger Investment Management Ltd (London, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant before the General Court
Trade mark at issue: EU word mark JCE HOTTINGUER — EU trade mark No 10 093 391
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 3 May 2019 in Case R 2078/2018-2
Form of order sought
The applicant claims that the Court should:
—declare the application admissible and well-founded;
—annul the contested decision;
—order EUIPO to bear all the costs incurred by the applicant.
Pleas in law
—Infringement of essential procedural requirements, in so far as the application for a declaration of invalidity before the Cancellation Division was flawed.
—Infringement of Article 60(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 8(4) of that regulation.