EN

Official Journal of the European Union

C 279/36

(Case T-292/16)

(2016/C 279/51)

Language in which the application was lodged: English

Parties

Applicant: Kaane American International Tobacco Co. Ltd. (Jebel Ali, United Arab Emirates) (represented by: G. Hinarejos Mulliez, I. Valdelomar Serrano, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Global Tobacco FZCO (Dubai, United Arab Emirates)

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: EU figurative mark containing the word elements ‘GOLD MONT ORIGINAL Super Slims’ — EU trade mark No 11 361 714

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 8 April 2016 in Case R 2492/2014-4

Form of order sought

The applicant claims that the Court should:

—accept the present appeal;

—annul the contested decision;

—declare the suspension of the Appeal R 2492/2014-4 until a decision on the parallel proceedings R 1857/2015-4 (which is currently appealed before the General Court) becomes definitive;

—condemn EUIPO (The Boards of Appeal) or subsidiary the other party in the proceedings to bear the costs and fees of the present proceedings.

Plea in law

—Infringement of the principles of equality before the law and impartiality.