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Case T-260/17: Action brought on 3 May 2017 — Bank of New York Mellon v EUIPO — Nixen Partners (NEXEN PULSE)
ECLI:EU:UNKNOWN:62017TN0260
62017TN0260
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10.7.2017
Official Journal of the European Union
C 221/34
(Case T-260/17)
(2017/C 221/47)
Language in which the application was lodged: English
Parties
Applicant: The Bank of New York Mellon Corp. (New York, New York, United States) (represented by: A. Klett and K. Schlüter, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Nixen Partners (Paris, France)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘NEXEN PULSE’ — Application for registration No 13 374 194
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 February 2017 in Case R 1571/2016-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and reject the opposition;
—order EUIPO to bear the costs of the proceedings as well as of the proceeding in front of the Board of Appeal and at the Opposition Division, including all necessary expenses of the Applicant in these proceedings.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.