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Case T-771/15: Action brought on 30 December 2015 — Bittorrent Marketing v EUIPO — BitTorrent (bittorrent)
ECLI:EU:UNKNOWN:62015TN0771
62015TN0771
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Official Journal of the European Union
C 191/34
(Case T-771/15)
(2016/C 191/46)
Language in which the application was lodged: German
Parties
Applicant: Bittorrent Marketing GmbH (Neu-Isenburg, Germany) (represented by: C. Hopper, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: BitTorrent, Inc. (San Francisco, California, United States)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘bittorrent’ — EU mark No 3 216 439
Procedure before EUIPO: Revocation proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 31 August 2015 in Case R 2275/2013-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and reject the application for revocation of the parties to the proceedings before the Board of Appeal;
—order EUIPO to pay the costs of the proceedings.
Pleas in law
—Infringement of the first sentence of Article 76(1) and of Article 76(2) of Regulation No 207/2009;
—Infringement of Article 51(1)(a) of Regulation No 207/2009.