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Case T-709/16: Action brought on 6 October 2016 — La Patrouille v EUIPO — Alpha Industries (Representation of an angular figure)
ECLI:EU:UNKNOWN:62016TN0709
62016TN0709
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12.12.2016
Official Journal of the European Union
C 462/26
(Case T-709/16)
(2016/C 462/34)
Language in which the application was lodged: French
Parties
Applicant: La Patrouille (Pantin, France) (represented by: A. Lakits-Josse, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Alpha Industries, Inc. (Chantilly, Virginia, United States of America)
Details of the proceedings before EUIPO
Applicant for the trade mark at issue: Applicant
Trade mark at issue: European Union figurative mark — Application for registration No 11 778 727
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 July 2016 in Case R 2332/2015-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision inasmuch as it ‘[annulled] the contested decision and [rejected] the opposition insofar as it concerns registration of the mark at issue for the following goods: ‘school bags; briefcases; school satchels’ in Class 18 and ‘[rejected] the remainder of the appeal’ and authorise registration of the mark applied for in respect of all the goods;
—order EUIPO to pay the costs.
Pleas in law
—Lack of likelihood of confusion between the marks at issue;
—The Board of Appeal based its finding of a likelihood of confusion on the alleged intellectual resemblances, yet they do not immediately strike the consumer.