I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(2017/C 144/77)
Language in which the application was lodged: English
Applicant: M & K Srl (Prato, Italy) (represented by: F. Caricato, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Genfoot, Inc. (Montreal, Québec, Canada)
Applicant of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘KIMIKA’ — Application for registration No 13 233 391
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 January 2017 in Case R 1206/2016-4
The applicant claims that the Court should:
—recognize and declare that the recourse presented by the applicant is admissible and well founded; and consequently
—reform the contested decision;
—send the case back to EUIPO for a reforming decision and therefore give way to a definitive registration of the EU trade mark No 13 233 391 even in the classes contested;
—condemn the counterpart to pay fees and costs of the three proceeding.
—Infringement of Article 15 of Regulation No 207/2009;
—The Board of Appeal erred when it assessed the risk of confusion between the trade marks.