Official Journal of the European Union

C 410/24

(Case T-657/16)

(2016/C 410/34)

Language in which the application was lodged: Spanish

Parties

Applicant: Marc Márquez Alentà (Cervera, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Fiesta Hotels & Resorts, SL (Ibiza, Spain)

Details of the proceedings before EUIPO

Applicant: Applicant

Trade mark at issue: Figurative EU mark (Representation of an ant) — Application for registration No 12 715 661

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 30 June 2016 in Case R 1242/2015-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in so far as it concerns the partial upholding of application R 1242/2015-1 and the opposition for certain goods applied for in Class 16 and services in Class 35;

—consequently, confirm the Opposition Division’s decision and therefore grant the trade mark for all of the goods and services applied for in Classes 16, 35, 41 and 43;

—order EUIPO to pay the costs of the proceedings, in accordance with Article 87(2) of Regulation No 207/2009.

Plea in law

—Infringement of Article 8(1)(a) and (b) of Regulation No 207/2009.