Official Journal of the European Union

C 230/40

(Case T-269/18) (*)

(EU trade mark - Opposition proceedings - Application for EU word mark ZARA - Earlier national word and figurative marks LE DELIZIE ZARA and ZARA - Proof of genuine use of the earlier marks - Article 47(2) and (3) of Regulation (EU) 2017/1001 - Article 18(1) of Regulation 2017/1001 - Obligation to state reasons)

(2019/C 230/50)

Language of the case: Spanish

Parties

Applicant: Industria de Diseño Textil, SA (Inditex) (Arteixo, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ffauf Italia SpA (Riese Pio X, Italy) (represented by: P. Creta, A. Lanzarini, B. Costa, A. Sponzilli and M. Lazzarotto, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 February 2018 (Joined Cases R 359/2015-5 and R 409/2015-5), relating to opposition proceedings between Ffauf Italia and Inditex.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 February 2018 (Joined Cases R 359/2015-5 and R 409/2015-5), relating to opposition proceedings between Ffauf Italia SA and Industria de Diseño Textil, SA (Inditex), as regards ‘preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats’ in Class 29 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, ‘rice, tapioca, sago, flour and preparations made from cereals, bread, pastry; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; rice-based snack food’ in Class 30, ‘fresh vegetables’ in Class 31, ‘fresh juices’ in Class 32, ‘retailing and wholesaling in shops, selling via global computer networks, by catalogue, by mail order, by telephone, by radio and television, and via other electronic means of preserved, frozen, dried and cooked vegetables; edible oils, rice, flour and preparations made from cereals, bread, vinegar, sauces (condiments)’ in Class 35 and ‘restaurant services (food), self-service restaurants, cafeterias’ in Class 43;

2.Orders EUIPO and Ffauf Italia to bear their own costs and to pay those incurred by Industria de Diseño Textil (Inditex) in the proceedings before the General Court.

(*)

OJ C 231, 2.7.2018.