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Case T-314/17: Action brought on 23 May 2017 — Nosio v EUIPO (MEZZA)
ECLI:EU:UNKNOWN:62017TN0314
62017TN0314
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Official Journal of the European Union
C 231/50
(Case T-314/17)
(2017/C 231/65)
Language of the case: Italian
Parties
Applicant: Nosio SpA (Mezzocorona, Italy) (represented by: A. Perani and J. Graffer, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: EU word mark ‘MEZZA’ — Application for registration No 14 822 506
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 March 2017 in Case R 1518/2016-5
Form of order sought
The applicant claims that the Court should:
—establish that there has been an infringement and incorrect application of Article 43(1) of Regulation No 207/2009;
—declare valid the limitation proposed in Class 33, namely ‘alcoholic beverages, in particular wine and sparkling wine, in bottles and/or containers with a capacity greater than or less than 0,375 litres’;
—determine that there has been an infringement of Article 75 of Regulation No 207/2009;
—annul the decision of the Fifth Board of Appeal of EUIPO in Case R 1518/2016-5, delivered on 1 March 2017 and notified on 23 March 2017;
—order EUIPO to pay the costs and fees incurred in the present proceedings.
Pleas in law
—Infringement and incorrect application of Article 43(1) of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No 207/2009;
—Infringement and incorrect application of Article 7(1)(b) and (c) and 7(2) of Regulation No 207/2009.